from the Iowa District Court for Scott County, Christine
Dalton Ploof (plea), and Cheryl Traum (sentencing), District
Harmon appeals from his conviction by guilty plea to driving
while barred as a habitual offender.
A. Hurd of Glazebrook & Hurd, LLP, Des Moines, for
J. Miller, Attorney General, and Darrel L. Mullins, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Doyle and Mullins, JJ.
DANILSON, Chief Judge.
Harmon appeals from his conviction after entering a written
guilty plea to driving while barred as a habitual offender,
in violation of Iowa Code sections 321.555 and .561 (2016).
Harmon maintains there is not a factual basis for the plea
because the record does not sufficiently establish the prior
offenses giving rise to Harmon's habitual-offender status
and because the State did not show Harmon was represented by
counsel or validly waived counsel during the prior offenses.
Harmon asserts defense counsel rendered ineffective
assistance of counsel in failing to file a motion in arrest
of judgment to challenge the deficiencies. We conclude the
record contains a factual basis for the plea and, thus,
defense counsel did not render ineffective assistance.
Harmon's remaining claim is an improper collateral attack
and has no merit.
January 17, 2017, Harmon entered a written guilty plea to
driving while barred as a habitual offender. The written plea
By pleading guilty, I am admitting that there is a factual
basis for the charge(s), and admitting that at the time and
place charged in the Trial Information I was in actual
physical control of a motor vehicle at a time when my license
had been barred for being a habitual offender.
January 20, 2017 order, the trial court accepted Harmon's
guilty plea. After a hearing held February 17, 2017, the
court sentenced Harmon to a two-year suspended term of
incarceration and ordered Harmon to pay a fine plus costs and
surcharge. Harmon now appeals.
review claims of ineffective assistance of counsel de novo.
State v. Straw, 709 N.W.2d 128, 133 (Iowa 2006). To
establish his ineffective- assistance-of-counsel claim,
Harmon must show by a preponderance of the evidence both that
"(1) his trial counsel failed to perform an essential
duty, and (2) this failure resulted in prejudice."
Factual Basis for Prior Offenses.
contends there was no factual basis to establish his prior
offenses and to show he fell within the definition of a
habitual offender under Iowa Code section 321.555. Section
321.561 provides, "It shall be unlawful for any person
found to be a habitual offender to operate any motor vehicle
in this state during the period of time specified in section
321.560 . . . ." Section 31.555(1)(c) defines a
"habitual offender" as a person who has accumulated
three or more separate and distinct convictions for
"[d]riving a motor vehicle while the person's
license is suspended, denied, revoked, or barred."
discern whether there was a factual basis supporting the
guilty plea, we look to the record as a whole. State v.
Ortiz, 789 N.W.2d 761, 767-68 (Iowa 2010). "[W]e
have held the record does not need to show the totality of
evidence necessary to support a guilty conviction, ...