Appeal from the Iowa District Court for Marshall County, Kim M. Riley, Judge.
Kenny Claytor Jr. appeals his conviction and sentence following his guilty plea to one count of domestic abuse assault causing bodily injury and one count of harassment in the first degree.
Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, Jennifer Miller, County Attorney, and Benjamin Stansberry, Assistant County Attorney, for appellee.
Considered by Potterfield, P.J., and Mullins and Bower, JJ.
Kenny Claytor Jr. appeals his conviction and sentence following his guilty plea to one count of domestic abuse assault causing bodily injury, second offense, in violation of Iowa Code sections 708.1, 708.2A(1), and 708.2A(3)(b) (2011), and one count of harassment in the first degree, in violation of Iowa Code section 708.7(2). He contends his counsel was ineffective and the court imposed an illegal sentence.
We find Claytor failed to prove his counsel was ineffective in allowing him to plead guilty because a factual basis supports his guilty plea. We also find Claytor failed to prove counsel was ineffective in failing to assure the affirmation of his prior conviction was knowing and voluntary. However, because there is nothing in the record to establish that the Domestic Violence Coalition is a local anticrime organization, we vacate the portion of Claytor's sentence ordering him to pay $10 as part of his restitution.
I. BACKGROUND FACTS AND PROCEEDINGS.
Claytor was charged with one count of domestic abuse assault causing bodily injury, second offense, two counts of first-degree harassment, and one count of child endangerment following events that transpired on August 22, 2012. The minutes of testimony indicate that on that date, Claytor and his live-in girlfriend got into an argument. Claytor struck his girlfriend twice in the face and once in the arm while she was holding their child. He then prevented her from calling the police and threatened to kill two witnesses to the argument if he went to jail.
Claytor filed a written guilty plea on October 16, 2012, pleading guilty to the domestic abuse assault charge and one of the harassment charges. The written guilty plea states, "I admit that on Aug. 22, 2012, I did an act causing bodily injury to [my girlfriend], with a prior conviction, and did have personal contact with [a witness] with the intent to alarm her in Marshall County, Iowa." The plea form does not reference the minutes of testimony or set forth the elements of either crime to which Claytor pleaded guilty. The district court accepted the plea the next day.
Following a December 16, 2012 sentencing hearing, the district court sentenced Claytor to an indeterminate term of incarceration not to exceed two years on each charge. The sentences were ordered to run concurrently. In addition to assessing fines and surcharges, the court ordered Claytor to pay a $10 Domestic Violence Coalition fee as part of his restitution on the domestic abuse charge.
II. STANDARD OF REVIEW.
While a defendant's challenge to a guilty plea is generally reviewed for corrections of errors at law, we review infective-assistance-of-counsel claims de novo. State v. Utter, 803 N.W.2d 647, 651 (Iowa 2011). We normally preserve such claims for postconviction relief proceedings, but ...