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State v. Buenneke

Court of Appeals of Iowa

March 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
DANIEL JOSEPH BUENNEKE, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.

         Daniel Buenneke appeals following his guilty plea from convictions for second-degree robbery and first-degree theft.

          Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.

          VAITHESWARAN, JUDGE.

         Daniel Buenneke entered an Alford plea[1] to second-degree robbery and first-degree theft in connection with an incident at a Waterloo liquor store.[2] 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.

         Ineffective 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 1999).

         Robbery 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 ...

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