Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McKibbon

Court of Appeals of Iowa

April 4, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
MATTHEW MCKIBBON, Defendant-Appellant.

          Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.

         Matthew McKibbon appeals from his guilty plea to assault causing bodily injury. AFFIRMED.

          Jeremy B.A. Feitelson of Nelsen & Feitelson Law Group, P.L.C., West Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          VOGEL, Presiding Judge.

         Matthew McKibbon appeals from his guilty plea to assault causing bodily injury. He asserts his trial counsel was ineffective in permitting him to (1) plead guilty when there was an insufficient factual basis for his guilty plea and (2) waive a verbatim record of the plea and sentencing proceedings, thus precluding any potential challenge of his guilty plea. Because the written plea agreement and minutes of testimony establish a factual basis, and McKibbon waived the right to a verbatim record, we affirm.

         I. Background Facts and Proceedings

         On August 24, 2017, the State filed a trial information charging McKibbon with domestic abuse assault causing bodily injury, a serious misdemeanor, in violation of Iowa Code sections 708.1, 708.2A(2)(b), and 236.2 (2017). The State also included minutes of evidence, stating a Dallas County Sheriff's Deputy would testify that on August 17, 2017, the deputy investigated a complaint of domestic abuse, McKibbon told the deputy "take me to jail, I hit her, " and McKibbon said the complaining witness needed an ambulance. The minutes further stated the complaining witness and another witness would testify that McKibbon became angry with the complaining witness, he began to yell at her, and he assaulted her.

         On September 14, McKibbon signed a preprinted "petition to plead guilty to serious misdemeanor" form as to an amended charge of assault causing bodily injury under Iowa Code section 708.2(2). The petition was also signed by McKibbon's counsel. The petition stated, "I am knowingly and intelligently pleading guilty to the charge because I am guilty. I ask the Court to accept my guilty plea." The petition also stated, "I waive my right to have a verbatim record of these proceedings." On the petition, a notation was marked next to this statement and "verbatim" was underlined. Additionally, the petition stated, "In order to establish a factual basis I ask the court to accept as true the minutes of [evidence], the date of the offense is 8/16/17 and I admit I did the following: in Dallas County, Iowa I slapped [the complaining witness] twice with my hand causing her redness of the ear."

         Pursuant to the waiver, the September 14 plea hearing was not reported. The court accepted the plea and, on September 21, entered judgement and sentenced McKibbon to one year in jail, with all but twenty days suspended, and one year of probation plus a fine, costs and surcharges.[1]

         McKibbon appeals.

         II. Standard of Review

         "Our analysis of an ineffective-assistance claim is de novo. To succeed on an ineffective-assistance-of-counsel claim, a defendant must show: '(1) counsel failed to perform an essential duty; and (2) prejudice resulted.'" Everett ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.