This decision is published in table format in the North Western Reporter.
Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge. A defendant appeals her conviction claiming her attorney was ineffective in permitting her to plead guilty where there was a lack of a factual basis in the record to support the plea.
Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kyle P. Hanson, Assistant Attorney General, Michael J. Walton, County Attorney, and Steve Berger, Assistant County Attorney, for appellee.
Considered by Danilson, P.J., Mullins, J., and Mahan, S.J.[*]
Krista Hemple-Anderson appeals following her written guilty plea to the crime of theft, in violation of Iowa Code section 714.1(1) and 714.1(3) (2011). Hemple-Anderson also admitted to having two prior convictions for theft, enhancing this offense to theft in the third degree, which is an aggravated misdemeanor pursuant to Iowa Code section 714.2(3). Hemple-Anderson asserts there is a lack of a factual basis in the record to support her guilty plea, and thus, her trial counsel provided ineffective assistance in permitting her to plead guilty and waive her right to file a motion in arrest of judgment to challenge her guilty plea. Because we find the record contains a factual basis to support the plea, we reject Hemple-Anderson's ineffective-assistance claim and affirm her conviction for theft in the third degree.
I. Background Facts and Proceedings.
The trial information with the attached minutes of testimony and police report indicates that on August 30, 2012, John Turner entered the Kohl's department store empty handed, went to the bedding area, selected a queen bed set valued at $349.99, and then went to the customer service desk where he " returned" the bed set without a receipt and received a merchandise card with the credit for the price of the bed set. The next day Hemple-Anderson used the card to purchase $176.54 worth of merchandise at a different Kohl's store. Approximately a week later, both Turner and Hemple-Anderson were arrested in a Kohl's store attempting to " return" another bed set.
Hemple-Anderson filed a written plea of guilty in which she stated, " I used a merchandise card at Kohl's knowing it was obtained by returning stolen merchandise and I have been convicted twice before of theft." She also filed a consent to waive personal presence at sentencing where she stated, " I have read the Minutes of Testimony which are substantially correct and I admit that there is a factual basis for the charge(s) against me."
The court accepted the guilty plea and sentenced Hemple-Anderson to two years in prison, which was to be served consecutively to two other convictions. She appeals, ...