from the Iowa District Court for Jones County, Paul D.
defendant challenges the factual basis for his plea of
J. Goldensoph, Cedar Rapids, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
driving a stolen Dodge Durango into two patrol cars, Kevin
Glassmeyer faced multiple criminal charges. He reached a plea
agreement with the State that included his admission to one
count of assault on a peace officer with a dangerous weapon.
He now appeals his conviction, contending his counsel was
ineffective for allowing him to plead guilty without an
adequate factual basis. Specifically, Glassmeyer argues the
record fails to show the Durango was a dangerous weapon.
Because Glassmeyer's statements at his plea hearing, in
conjunction with the minutes of evidence, establish a
sufficient factual basis for the plea, we affirm
Facts and Prior Proceedings
to the minutes of evidence, on November 4, 2016, a Monticello
police officer spotted a white Dodge Durango matching the
description of a stolen vehicle law enforcement believed to
be in the area. Dispatch confirmed the Durango had been
reported as stolen, and the officer signaled the Durango to
pull over after the driver failed to obey a stop sign. But
instead, the driver-later identified as Glassmeyer-increased
his speed to 110 miles per hour in a 65-mile-per-hour zone
and drove toward a residence, through the yard, and into a
field before returning to the road and continuing to flee.
Jones County sheriff's deputy positioned his patrol car
in front of the Durango in an attempt to stop it, but
Glassmeyer swerved around the idling vehicle and drove down
Monticello's Main Street. As the Durango sped through
town, the officers managed to get in front of it and block
the street with their patrol cars. The Durango ran squarely
into their makeshift barricade, causing significant damage to
the police vehicles.
officers approached the Durango, weapons drawn, and ordered
Glassmeyer to stop. But Glassmeyer maneuvered around the
damaged patrol cars and continued down Main Street until one
of the officers finally succeeded in disabling the Durango.
Glassmeyer sprang from the vehicle, and officers apprehended
him shortly thereafter.
State charged Glassmeyer with several crimes arising out of
the incident, including three counts of assault on a peace
officer with a dangerous weapon (vehicle)-in violation of
Iowa Code sections 708.1 and .3A(2) (2016).In accordance with
a plea agreement, Glassmeyer pleaded guilty to one assault
count, as well as several other charges, on January 30, 2017,
and asked to move directly to sentencing. Before accepting
Glassmeyer's plea, the district court questioned
Glassmeyer about the factual basis for the assault:
"[O]n the date in question, which we've established,
did you willfully assault a deputy, knowing he was a peace
officer by using a dangerous weapon, and in this case that
was a vehicle being driven at or towards him? Did you do
that, sir?" Glassmeyer responded: "Yes, sir."
court imposed multiple terms of incarceration to be served
concurrently. As relevant to this appeal, for the assault
charge, the court ordered an indeterminate five-year term of
incarceration, with a five-year mandatory minimum ...