from the Iowa District Court for Black Hawk County, Joel A.
a guilty plea, the defendant appeals from his conviction and
sentence for domestic abuse assault causing bodily injury.
CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED.
C. Smith, State Appellate Defender, for appellant.
J. Miller, Attorney General, and Genevieve Reinkoester,
Assistant Attorney General, for appellee.
Considered by Mullins, P.J., McDonald, J., and Blane, S.J.
Thompson appeals from his conviction and sentence for
domestic abuse assault causing bodily injury, an aggravated
misdemeanor, in violation of Iowa Code section 708.2A(3)(b)
(2015). Thompson pled guilty to the offense. On appeal, he
maintains his trial counsel provided ineffective assistance
by failing to advise him of the surcharge that would be added
to any fine that was imposed and by failing to withdraw
Thompson's guilty plea after, he alleges, the court did
not sentence him in accordance with the plea agreement.
Thompson also challenges his sentence as illegal.
Background Facts and Proceedings.
2015, Thompson was charged by trial information with domestic
abuse assault causing bodily injury.
September 29, 2015 Thompson signed a written guilty plea. The
plea included an agreement that Thompson would be sentenced
to two years' incarceration, with all but 220 days
suspended, and he would receive credit for time already
served. Additionally, he would receive a suspended fine of
$625 and two years' probation. The agreement did not
mention the mandatory surcharge that would be applied to the
fine. As part of the agreement, if the plea and sentence were
not accepted by the court, Thompson was free to withdraw the
plea. Thompson waived his right to both an in-court colloquy
and delayed sentencing.
same date, the court accepted Thompson's plea and
sentenced him to two years' imprisonment with all but 220
days suspended, with credit for time served, as well as
probation. As part of the sentence, the court imposed the
minimum fine, $625, as well as the thirty-five percent
surcharge, $218.75, and suspended both.
prevail on a claim of ineffective assistance of counsel,
Thompson must prove by a preponderance of the evidence (1)
his attorney failed to perform an essential duty and (2)
prejudice resulted from the failure. See State v.
Rodriguez, 804 N.W.2d 844, 848 (Iowa 2011). We look to
the cumulative effect of counsel's alleged errors to
determine whether Thompson satisfied his burden regarding the
prejudice prong. State v. Clay, 824 N.W.2d 488, 501
(Iowa 2012). His claim fails if either element is lacking.
See Everett v. State, 789 N.W.2d 151, 159 (Iowa
2010). Although we prefer to preserve ineffective-assistance
claims for development of the record, see State v.
Tate, 710 ...