from the Iowa District Court for Story County, James B.
Malloy, District Associate Judge.
defendant appeals his conviction for failure to register as a
Smith of The Smith Law Firm, P.C., Ames, for appellant.
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., Mullins, J., and Blane, S.J.
POTTERFIELD, Presiding Judge.
Smith pled guilty to failure to register as a sex offender in
violation of Iowa Code section 692A.111 (2016). Smith argues
his waiver of counsel prior to his plea and sentencing was
not knowing, voluntary, and intelligent. Smith also argues
the State failed to comply with the plea agreement and his
plea lacked a factual basis.
was required to register as a sex offender under Iowa Code
section 682A. A compliance check in July 2016 revealed Smith
had not resided at the shelter he had given in his
registration for three weeks. Smith was charged with failure
to register as a sex offender.
arraignment, Smith requested a new court-appointed attorney.
The district court informed Smith that if he wanted a new
attorney, he would have to retain counsel with his own funds.
Smith asked to represent himself. The court advised against
self-representation. Later, the court advised against self-
representation again, stating:
If at some point you change your mind and you decide you do
want to have a court-appointed attorney, you can always
reapply and I'll appoint the public defender's
office. . . . But Mr. Smith, I would really caution you
against representing yourself, and [your previously appointed
attorney] is a very, very good attorney, and she'll do an
excellent job representing you. So if you change your mind,
we'll reappoint the public defender's office.
two months later, when Smith had reached a plea agreement
with the prosecutor, a plea hearing took place. Smith
appeared without counsel, and the district court engaged in a
colloquy with Smith regarding his self-representation:
The first thing I have to go through with you is that you
intend to represent yourself and you're waiving your
right to an attorney. I'm not trying to talk you out of
representing yourself, but I want to make sure you understand
you do have the right to an attorney and if you can't
afford counsel, I would appoint one for you at public
the district court asked:
Q: Do you understand you have the right to an attorney and
that I would appoint an attorney for you if ...