This decision is published in table format in the North Western Reporter.
Appeal from the Iowa District Court for Cherokee County, David A. Lester, Judge. Robert Ruan appeals from the summary dismissal of his application for postconviction relief.
Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Ryan R. Koplin, County Attorney, and Kristal L. Phillips, Assistant County Attorney, for appellee State.
Considered by Potterfield, P.J., and Doyle and Bower, JJ.
Robert Ruan appeals from the summary dismissal of his application for postconviction relief, contending there is a genuine issue of material fact as to whether his guilty plea to two counts of third-degree sexual abuse as a habitual offender was knowing and voluntary. We affirm.
I. Background Facts and Proceedings
Ruan was originally charged with two counts of sexual abuse in the third degree, in violation of Iowa Code sections 709.1(3), 709.4(2)(b), and 709.4(2)(c)(4) (2007), class " C" felonies. The trial information was later amended to charge Ruan with three counts of third-degree sexual abuse as a habitual offender. Consistent with the terms of a plea agreement, Ruan pled guilty to two counts of third-degree sexual abuse as a habitual offender, and the State dismissed the remaining count as well as charges pending against Ruan in two separate aggravated misdemeanor cases. The plea memorandum provided Ruan would be sentenced to a term not to exceed fifteen years on each count, to run concurrent with each other, with credit for time served, and with a mandatory minimum sentence " required pursuant to Iowa Code § 903B.1 and § 902.8." 
Ruan appeared with counsel for the plea and sentencing hearing, where the following colloquy took place:
COURT: Because you are charged with the same crime under Count II and under Count III, as it is enhanced by Count IV, I'm going to read the penalty to you one time. But they apply to each count. Do you understand that?
COURT: All right then. Two counts against you are classified as Class C felonies. As a Class C felony--a straight Class C felony, you would face up to a maximum term of imprisonment of up to 10 years. But because you are pleading guilty--you are charged and pleading guilty as a habitual offender, there's an enhancement to the sentence. And at sentencing, rather than up to a maximum of ...