JEREMY D. YOCUM, Appellant,
STATE OF IOWA, Appellee.
review from the Iowa Court of Appeals.
from the Iowa District Court for Lee (South) County, John G.
defendant requests further review of a court of appeals
decision affirming the dismissal of his postconviction-relief
action. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT
A. Hurd of Glazebrook Moe & Hurd LLP, Des Moines, for
J. Miller, Attorney General, Linda J. Hines, Assistant
Attorney General, and Michael Short, County Attorney, and
Bruce C. McDonald, Assistant County Attorney, for appellee.
D. Yocum pled guilty to failure to appear for sentencing
under section 811.2(8) of the Iowa Code (2007). He filed a
postconviction-relief action claiming his counsel was
ineffective for various reasons. The district court denied
every claim of ineffective assistance of counsel raised by
Yocum. In this appeal, he claims postconviction counsel was
ineffective when he allowed Yocum to plead guilty when a
factual basis did not exist for the plea. The court of
appeals held it could not reach this issue on appeal because
the record was insufficient to determine whether a factual
basis existed at the time Yocum pled guilty. Yocum asked for
further review of this decision, which we granted.
defendant alleges a factual basis did not exist to support
his or her guilty plea, it is the court's obligation to
examine the entire record to see if a factual basis for the
guilty plea existed. State v. Schminkey, 597 N.W.2d
785, 788 (Iowa 1999). A factual basis either exists or does
not exist. If the record contains a factual basis, the court
must uphold the guilty plea.
record does not contain a factual basis for the plea, the
court has two alternatives. If the record shows the State
charged the defendant with the wrong crime and there is no
possibility the State could establish a factual basis for
that crime, we vacate the judgment of conviction and
sentence, and remand the case for the district court to
dismiss the case. Id. at 792. If, however, the
record shows the State could establish a factual basis for
the crime charged, we remand the case for further
proceedings. State v. Allen, 708 N.W.2d 361, 369
(Iowa 2006). On remand, the district court can allow the
State to establish a factual basis. Schminkey, 597
N.W.2d at 792. If the State cannot establish a factual basis
for the plea, the court should vacate the plea. After
vacating the plea, the court should allow the State to
reinstate any charges dismissed as part of the plea agreement
and file any additional charges the available evidence
supports. Allen, 708 N.W.2d at 369.
review of the record, we find a factual basis existed for the
court to accept Yocum's plea. At the plea hearing, the
court was concerned with the factual basis. At that juncture
in the plea proceedings, the court made the following record:
THE COURT: Well, I'm concerned about getting a good
factual basis, to tell you the truth, and I don't want to
have this come back and bite me on postconviction relief
because there's no factual basis here. So I need to see
the other file to be comfortable with that myself. I need to
see the paperwork that released him and see exactly what
happened 'cuz I could see that happening.
MR. SHORT: I'll go get that.
THE COURT: Yeah.
(A recess was taken from 10:54 a.m. to ...