from the Iowa District Court for Polk County, William P.
Kelly (guilty plea) and Robert B. Hanson (sentencing),
appeals his conviction for criminal mischief in the third
William L. Kutmus and Trever T. Hook of Kutmus, Pennington
& Hook, P.C., West Des Moines, for appellant.
J. Miller, Attorney General, and Kyle P. Hanson, Assistant
Attorney General, for appellee.
Vaitheswaran, P.J., and Doyle and Bower, JJ.
Cramblit appeals his conviction for criminal mischief in the
third degree. We find Cramblit has not preserved error on his
claim there was not a sufficient factual basis in the record
to support his guilty plea. We also find Cramblit did not
receive an illegal sentence. We affirm Cramblit's
conviction and sentence.
Background Facts & Proceedings
to the minutes of testimony, Cramblit rented a home from
Shane O'Malley in West Des Moines. In February 2016,
O'Malley went to the property and found it had been
vandalized. Police officers investigated the incident and
concluded Cramblit was involved in the damage to the
property. Cramblit was charged with criminal mischief in the
entered into a plea agreement in which he agreed to plead
guilty to the lesser included offense of criminal mischief in
the third degree, in violation of Iowa Code section 716.5
(2016), an aggravated misdemeanor. Cramblit signed a written
plea agreement, which was filed on June 7, 2016. The district
court accepted his plea. Before sentencing, Cramblit filed a
motion in arrest of judgment, claiming his plea was not
knowing and voluntary because he was not fully apprised of
the consequences of his plea. The court granted the motion in
arrest of judgment.
November 10, 2016, Cramblit filed a new written guilty plea
to third-degree criminal mischief. The written plea stated,
"I admit I did the following: on January 27, 2016, in
Polk Co., Iowa, I did intentionally deface a wall w/spray
paint in a rental home in Polk Co. causing more than $500 in
damage but less than $1000." The written plea also
requested the court to accept as true the minutes of
testimony to further establish the factual basis for the
plea. The court accepted Cramblit's plea. Cramblit was
sentenced to 365 days in jail, with all but thirty days
suspended, and placed on probation. Cramblit now appeals his
claims the district court should not have accepted his guilty
plea because there was not an adequate factual basis in the
record for the plea. "The district court may not accept
a guilty plea without first determining that the plea has a
factual basis." State v. Schminkey, 597 N.W.2d
785, 788 (Iowa 1999); see also Iowa R. Crim. P.
2.8(2)(b). We review challenges to a guilty plea for the
correction of errors at law. State v. Keene, 629
N.W.2d 360, 363 (Iowa 2001).
State claims Cramblit did not preserve error on this issue
because he did not file a motion in arrest of judgment.
See Iowa R. Crim. P. 2.24(3)(a) ("A
defendant's failure to challenge the adequacy of a guilty
plea proceeding by motion in arrest of judgment shall
preclude the ...