Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.
The opinion of the court was delivered by: Mullins, J.
Samuel Lee Harris appeals following his guilty plea, judgment, and sentence, to the charge of domestic abuse assault with the intent to commit serious injury. AFFIRMED.
Considered by Doyle, P.J., and Mullins and Bower, JJ.
Samuel Lee Harris, the defendant, appeals following his guilty plea, judgment, and sentence, to the charge of domestic abuse assault with the intent to commit serious injury. Harris contends trial counsel provided ineffective assistance by allowing him to enter an Alford plea where the record failed to establish a factual basis for the charge. We affirm.
I. Background Facts & Proceedings
On March 25, 2012, police officers responded to a report of a domestic disturbance. The police report sets forth the events that unfolded as follows:
Upon arrival we observed the suspect Samuel Harris walking away from the residence. Officers Sims stopped and began to talk to him in front of the residence. [The reporting officer] made contact with Roma Harris, the victim. Roma stated that she and her husband that she lives with at 1806 Arlington #1 were having a verbal argument. Roma stated that Samuel became more upset with her and the argument turned physical. Samuel grabbed some kind of stick and began to strike Roma with the stick. Roma had visible swelling to her right forearm and the right side of her forehead where she was struck. Roma's injuries were photographed at the scene. Roma stated that this is the first time he has ever been physical with her and she believes that it was because he was drinking all day. Samuel was arrested at the scene and transported to PCJ by the wagon. Roma requested a no contact order.
The reporting officer described Roma Harris's degree of injury and condition as "Minor/Stable," and indicated that she refused transport to the hospital.
The State charged Harris with domestic abuse assault with the intent to inflict serious injury. Pursuant to a plea agreement, Harris agreed to enter an Alford plea as charged.*fn1 In turn, the State agreed not to pursue additional charges stemming from six no-contact-order violations. After an extended colloquy with the defendant, the court accepted the plea and outlined its reasoning on the record as follows:
[T]he Court has reviewed the Defendant's signed, written plea as well as considered the colloquy between the Court and Mr. Harris.
The Court finds that the Defendant understands the charge, [its] penalty consequences, and the constitutional rights being waived, and the plea colloquy. The Court finds that the Defendant has concluded that it's in his best interests to enter a guilty plea. Upon review of the file, including the trial information, the Court finds that there is strong evidence of the actual guilt, and that the Defendant has nothing to gain by a trial and much to gain by the entry of a plea of guilty. The Court, therefore, accepts the plea, pursuant to North Carolina v. Alford, of Mr. Harris to the charge of domestic abuse assault with intent to inflict serious injury.
Harris requested immediate sentencing, and waived his right to make a motion in arrest of judgment. He also requested the imposition of a prison sentence, rather than probation. The court sentenced the Harris to a prison term not to exceed two years.
We review lack-of-a-factual-basis challenges to a guilty plea for correction of errors of law. State v. Martin, 778 N.W.2d 201, 202 (Iowa 2009). However, where the defendant raises such a claim in an ineffective-assistance-of-counsel context our review is de novo. Id. On direct appeal, we will address ...