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State v. Glassmeyer

Court of Appeals of Iowa

August 16, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
KEVIN LEE GLASSMEYER, Defendant-Appellant.

         Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.

         A defendant challenges the factual basis for his plea of guilty. AFFIRMED.

          Cory J. Goldensoph, Cedar Rapids, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Tabor and McDonald, JJ.

          TABOR, Judge.

         After 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 Glassmeyer's conviction.[1]

         I. Facts and Prior Proceedings

         According 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.

          A 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.

         The 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.

         The 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).[2]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.[3] 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."

         The 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 ...


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