Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.
The opinion of the court was delivered by: Potterfield, P.J.
Miguel Angel Arellano appeals from his trial on the minutes of testimony, conviction, and sentencing for burglary in the second degree and kidnapping in the third degree. AFFIRMED.
Considered by Potterfield, P.J., and Danilson and Tabor, JJ.
Miguel Angel Arellano appeals from the trial on the minutes of testimony, conviction, and sentence for burglary in the second degree and kidnapping in the third degree. He contends he was provided ineffective assistance of counsel when his attorney allowed him to plead guilty and failed to file a motion in arrest of judgment, and that the district court erred in failing to give sufficient reasons for imposing a consecutive sentence. We affirm, finding Arellano's counsel was not ineffective and that the court provided sufficient reasons for its decision to impose consecutive sentences.
Arellano broke into the home of his sleeping wife, who had a no-contact order in effect against him. When she refused to reconcile with him, he bound her hands, taped her mouth, and carried her into her basement. There, he hung an electrical extension cord around a wooden beam on the ceiling and positioned a chair beneath it. He then had his wife stand on the chair, and he stood there with her. Arellano fixed the cord into nooses around both their necks. He kicked the chair away.
Arellano's wife was able to get her hands free of her bondage and ultimately remove the noose. Arellano, however, was not able to free himself. As he hung, his wife retrieved a knife from the kitchen and cut him down. She performed CPR on Arellano until he was revived and left the residence, and then she called the police.
Arellano was arrested and charged with burglary in the first degree, kidnapping in the third degree, and domestic abuse assault with intent to inflict serious injury. He was also charged with misdemeanor domestic abuse and violation of a no-contact order. Arellano was offered a plea agreement in which the State agreed to drop the domestic abuse charges and the violation of a no-contact order charge, and reduce the burglary to second degree. The agreement did not reduce the charge of kidnapping in the third degree. While Arellano initially expressed interest in moving forward with a guilty plea proceeding, he ultimately changed his mind and asked for a trial on the minutes of testimony on the reduced charge of burglary in the second degree and kidnapping in the third degree. The State agreed to proceed to trial on stipulated evidence, maintaining the plea bargain charging concessions-dismissing the domestic abuse assault charges and the violation of a no contact order charge. When determining whether Arellano was intending to plead guilty or stipulate to the minutes of testimony, the court asked:
COURT: Mr. Arellano, the point where we were at where you told me you were not guilty, now I hear that you and your attorney are willing to stipulate, which means you are going to agree, that the Minutes of Testimony are accurate and that you would stipulate that if the witnesses would come in and testify that have been named in the Trial Information and the Minutes of Testimony, you would agree that they would testify as stated in those Minutes of Testimony; is that correct?
After engaging Arellano in a colloquy regarding his waiver of his trial rights and waiver of a jury trial, informing Arellano of the charges against him and the applicable punishments, and reviewing the minutes of testimony, the district court found Arellano guilty of burglary in the second degree and kidnapping in the third degree. The court sentenced Arellano to two terms of imprisonment, each not to exceed ten years and to be served consecutively. Minimum fines were also imposed and suspended. He appeals from both the conviction and sentence.*fn1
Arellano's first point of error is that he received an insufficient guilty plea colloquy, and that counsel was ineffective by allowing him to proceed and by failing to file a motion in arrest of judgment. We note Arellano did not in fact plead guilty to the charges. He agreed to a trial on the minutes of testimony; a fact that is clear from this record. State v. Sayre, 566 N.W.2d 193, 196 (Iowa 1997) ("[A]t a minimum, an appellate court must be able to clearly ascertain from the record whether a defendant actually pled guilty or if he merely stipulated to a bench trial on the minutes."). Therefore, he was not entitled to a guilty plea colloquy. State v. Liddell, 672 N.W.2d 805, 813 (Iowa 2003).
If a defendant is in fact stipulating to a bench trial on the minutes, then a trial court must: (1) verify that the defendant has waived his right to a jury trial in accordance with Iowa Rule of Criminal Procedure 16(1); (2) confirm the extent of the factual record to which the parties are stipulating; and (3) "find the facts specially and on the record," separately state its ...