from the Iowa District Court for Polk County, Odell G.
McGhee, District Associate Judge.
defendant challenges his conviction for driving while barred.
A. Hurd of Glazebrook & Hurd, LLP, Des Moines, for
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Tabor, P.J., McDonald, J., and Carr, S.J.
Johnson appeals his conviction for driving while barred under
Iowa Code section 321.561 (2016) contending his attorney was
constitutionally remiss by not ensuring a factual basis for
his guilty plea. Specifically, he claims the record did not
"support the habitual offender status element" and
did not indicate whether the State honored his right to
counsel for the offenses underlying the habitual-offender
adjudication by the Iowa Department of Transportation (DOT).
See Iowa Code §§ 321.555, .556. Because
the validity of the administrative decision to bar
Johnson's license was not an element of his criminal
offense, counsel did not breach a duty. Accordingly, we
affirm his conviction.
Facts and Prior Proceedings
January 15, 2016 Johnson was involved in a traffic accident.
He told police he left the scene because his license was
barred. The next month the State charged Johnson with driving
while barred in violation of Iowa Code sections 321.555 and
321.561. The State extended a plea offer, noting
Johnson's three prior convictions for driving while
barred and five convictions for driving with a suspended
license. In March 2016, Johnson entered a written guilty
plea. The plea form stated as follows:
"In order to establish a factual basis I ask the court
to accept as true the minutes of testimony, the date of
offense is [handwritten] 1-15-2016 [end handwriting] and I
admit I did the following: [handwritten] I was driving barred
and I should not have been [end handwriting.]"
and his attorney both signed the form. According to the
sentencing order dated May 12, 2016, Johnson appeared for
sentencing "having previously pled guilty" to
"driving while barred as habitual offender." The
district court sentenced Johnson to a one-year prison term
and suspended all but thirty days. The court also placed
Johnson on supervised probation for one year. Johnson now
appeals his conviction.
Scope and Standards of Review
the defense must challenge a defect in the guilty-plea
proceeding by filing a motion in arrest of judgment.
See Iowa R. Crim. P. 2.24(3)(a). When counsel fails
to file such a motion, a defendant may attack the plea on
appeal by claiming counsel was ineffective. State v.
Perkins, 875 N.W.2d 190, 192 (Iowa Ct. App. 2015).
Because ineffective-assistance-of-counsel claims are rooted
in the Sixth Amendment, we review them de novo. State v.
Thorndike, 860 N.W.2d 316, 319 (Iowa 2015). We will
resolve ineffective-assistance claims on direct appeal only
when the record is sufficient to do so; if the record is
lacking, we will preserve the claim for postconviction
proceedings. See id. To prevail, Johnson must show
by a ...