from the Iowa District Court for Linn County, Robert E.
Johnson challenges his guilty pleas.
C. Smith, State Appellate Defender, and Brenda J. Gohr,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Darrel Mullins, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Doyle and Mullins, JJ.
DANILSON, Chief Judge.
Johnson, in two cases, entered a written plea of guilt of
aggravated misdemeanor assault with intent to commit sexual
abuse, in violation of Iowa Code sections 709.1 and 709.11(3)
court reviews guilty pleas for correction of errors at law.
State v. Fisher, 877 N.W.2d 676, 680 (Iowa
appeal, Johnson contends he was not adequately advised prior
to entering his pleas, rendering them unknowing and
involuntary. Johnson asserts that while the "written
pleas do state Johnson is agreeing to a 10-year special
parole, " this is not adequate as the written pleas do
not "articulate the minimum and maximum punishment"
and do not "explain when the special parole goes into
effect, and what the punishment is for violations."
signed guilty pleas set out the plea agreement. In the case
where he pled guilty to assaulting A.M. in a Hy-Vee parking
lot (FECR115231), he summarized the agreement as: "Plead
to lesser offense, open sentencing, order PSI, release
pending sentencing, SOR, 10 yr special parole. . . . [A]lso-
release in SRCR119858." Johnson stated, "I
understand that if I plead guilty to this offense, the court
has the power to impose a maximum sentence of 2 yrs prison
$6250 35% and that in any event the court is required to
impose a minimum sentence of $625 35%, SOR, Special
plea in the case where he pled guilty to assaulting L.O.
(AGCR115230) reads in part: "Set sentencing, order PSI,
open sentencing, SOR for life, Special parole for 10
yrs-Release in SRCR119858, " and provides the same
language for the maximum and minimum possible punishments as
the other case: "2 yrs prison $6250 35% . . . $625
35%, SOR, Special Parole."
this record is contrary to Johnson's argument that he was
not made aware of the ten-year duration of the special
parole. This case is distinguishable from State v.
Hollingsworth, 09-0456, 2009 WL 5126331 (Iowa Ct. App.
Dec. 30, 2009), on which Johnson relies. In
Hollingsworth, the district court "did not
advise Hollingsworth of this special sentence at the time he
pleaded guilty." 2009 WL 5126331, at *2. Moreover,
defense counsel's certification that Hollingsworth fully
understood the maximum penalty (without mention of the
special parole requirement) was not sufficient to constitute
substantial compliance with Iowa Rule of Criminal Procedure
2.8(2)(d). Id. We concluded that because
Hollingsworth was not advised of the special sentencing, his
plea was not voluntary and intelligent. Id.
State v. Hallock, 765 N.W.2d 598, 606 (Iowa Ct. App.
2009), we concluded:
Because section 903B.2 is a sentencing provision, the
district court had the obligation to inform Hallock of the
ten-year period of parole that would follow his imprisonment.
Before accepting Hallock's plea, the court failed to
inform Hallock of this special sentencing provision. This was