This decision is published in table format in the North Western Reporter.
Appeal from the Iowa District Court for Appanoose County, Kirk A. Daily, District Associate Judge. Defendant appeals his conviction, based on his guilty plea, to assault causing bodily injury.
Monte M. McCoy of McCoy Legal Services, Centerville, for appellant.
Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Richard F. Scott, County Attorney, and Nolan McGowan, Student Legal Intern, for appellee.
Considered by Vogel, P.J., McDonald, J., and Mahan, S.J.[*]
Pursuant to a plea agreement, defendant pled guilty to assault causing bodily injury. He now appeals, claiming he received ineffective assistance because defense counsel permitted him to plead guilty when there was not a sufficient factual basis for the plea. The problem was not a lack of a factual basis, but the amended trial information mistakenly named the wrong victim of the charge of assault causing bodily injury. By pleading guilty, defendant waived any defects in the trial information. He has not shown he received ineffective assistance of counsel, and we affirm his conviction.
I. Background Facts & Proceedings
On June 18, 2012, Alfred Crosson was charged with the following criminal offenses: Count I, burglary in the first degree; Count II, willful injury causing serious injury, naming Ean Popejoy as the victim; Count III, assault while participating in a felony, naming Popejoy as the victim; and Count IV, assault while participating in a felony, naming Jessica O'Hair as the victim.
Crosson entered into a guilty plea in which he agreed to plead guilty to assault causing bodily injury, in violation of Iowa Code section 708.2(2) (2011), a serious misdemeanor. The State amended the trial information to add Count V, assault causing bodily injury, mistakenly naming O'Hair as the victim. Crosson's written guilty plea, however, stated for the factual basis, " I did strike Ean Popejoy and in doing so caused a bodily injury."
Crosson was sentenced to jail for a period of 365 days. He now appeals, claiming he received ineffective assistance of counsel.
II. Standard of Review
We review claims of ineffective assistance of counsel de novo. Ennenga v. State, 812 N.W.2d 696, 701 (Iowa 2012). To establish a claim of ineffective assistance of counsel, a defendant must show (1) the attorney failed to perform an essential duty and (2) prejudice resulted to the extent it denied the defendant a fair trial. State v. Carroll, 767 N.W.2d 638, 641 (Iowa 2009). In order to show prejudice, a defendant must show a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. State v. Madsen, 813 N.W.2d 714, 727 (Iowa 2012). A ...