from the Iowa District Court for Black Hawk County, Bradley
J. Harris, Judge.
Buenneke appeals following his guilty plea from convictions
for second-degree robbery and first-degree theft.
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Kelli A. Huser, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
Buenneke entered an Alford plea to second-degree
robbery and first-degree theft in connection with an incident
at a Waterloo liquor store. The district court imposed
sentence, including "[a] mandatory minimum sentence of
incarceration . . . for a term of 70% on" the robbery
count. On appeal, Buenneke contends his plea lacked a factual
basis and his attorney was ineffective in failing to
challenge it. He also contends the district court abused its
discretion in imposing the mandatory minimum sentence of
seventy percent. The first issue is dispositive.
assistance claims have two components: (1) breach of an
essential duty and (2) prejudice. See Strickland v.
Washington, 466 U.S. 668, 687 (1984). "If trial
counsel permits a defendant to plead guilty and waives the
defendant's right to file a motion in arrest of judgment
when there is no factual basis to support the defendant's
guilty plea, trial counsel breaches an essential duty, "
and "we presume prejudice." Rhoades v.
State, 848 N.W.2d 22, 29 (Iowa 2014). While ineffective
assistance claims are generally preserved for postconviction
relief, we find the record adequate to address the issue.
See State v. Schminkey, 597 N.W.2d 785, 788 (Iowa
is defined as follows:
1. A person commits a robbery when, having the intent to
commit a theft, the person does any of the following acts to
assist or further the commission of the intended theft or the
person's escape from the scene thereof with or without
the stolen property:
a. Commits an assault upon another.
b.Threatens another with or purposely puts another in fear of
immediate serious injury.
c.Threatens to commit immediately any forcible felony.
2. It is immaterial to the question of guilt or innocence of
robbery that property was or ...