from the Iowa District Court for Black Hawk County, George L.
Pursley appeals following his guilty pleas to possession of
marijuana and carrying a concealed weapon.
M. Armbrust of Brown, Kinsey, Funkhouser & Lander,
P.L.C., Mason City, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
Pursley entered a written guilty plea to possession of
marijuana (first offense) and an Alford
to carrying a concealed weapon. The district court imposed
sentence. On appeal, Pursley argues: (I) the district court
"erred in accepting [his] guilty plea [to the concealed
weapon charge] and trial counsel was ineffective for failing
to challenge the plea where no factual basis existed in the
record on the carrying weapons charge"; (II) the court
"erred in accepting a plea that was not knowing and
voluntary"; and (III) his trial counsel "was
ineffective for failing to fully apprise [him] of the
consequences of a conviction prior to [his] plea of
Factual Basis - Carrying a Concealed Weapon
argues his Alford plea to carrying a concealed
weapon lacked a factual basis. The State counters that
Pursley failed to preserve error by filing a motion in arrest
of judgment. See Iowa R. Crim. P. 2.8(2)(d). The
State acknowledges "a claim of ineffective assistance of
counsel may rescue Pursley from his failure to file a motion
in arrest of judgment" but asserts such a claim was not
raised. We disagree.
framed the issue in terms of counsel's failure to
challenge the factual basis for the plea. Because he raised
his challenge under an ineffective-assistance-of-counsel
rubric, we may proceed to the merits. See State v.
Weitzel, 905 N.W.2d 397, 401 (Iowa 2017).
must prove his plea attorney breached an essential duty and
prejudice resulted. See Strickland v. Washington,
466 U.S. 668, 687 (1984). "Defense counsel violates an
essential duty when counsel permits defendant to plead guilty
and waive his right to file a motion in arrest of judgment
when there is no factual basis to support defendant's
guilty plea. Prejudice is presumed under these
circumstances." State v. Ortiz, 789 N.W.2d 761,
764-65 (Iowa 2010) (internal citations omitted).
crime of carrying a concealed weapon is set forth as follows:
Except as otherwise provided in this section, a person who
goes armed with a dangerous weapon concealed on or about the
person, or who, within the limits of any city, goes armed
with a pistol or revolver, or any loaded firearm of any kind,
whether concealed or not, or who knowingly carries or
transports in a vehicle a pistol or revolver, commits an
Code § 724.4(1) (2017). A weapon is concealed when
"it is not discernible by ordinary observation."
State v. ...