from the Iowa District Court for Marshall County, Kim M.
Riley, District Associate Judge.
Plettenberg appeals his convictions, sentences, and
restitution orders following his guilty pleas to four
Richard R. Hollis, Des Moines, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., and Tabor and McDonald, JJ.
Marc Plettenberg pled guilty to four offenses, he was
sentenced to serve the sentences imposed consecutively.
Thereafter, the court ordered Plettenberg to pay restitution
for damages to a county police vehicle and for room, board,
and medical expenses incurred while serving his sentences in
its jail. He now appeals various aspects of the case,
including arguing his trial counsel rendered ineffective
assistance. Upon our review, we affirm.
2015, Marc Plettenberg was found guilty of driving while
barred as an habitual offender in case number AGCR086445. A
few months thereafter, he pled guilty to forgery and
unauthorized use of a credit card of an amount under $1000 in
case number FECR086357. He was placed on probation for all
subsequently violated his probation agreement in numerous
ways, including "failing to obey all laws" and
"testing positive for methamphetamine." He was
found in contempt of his probation supervision and ordered,
as an additional condition of his probation, to complete a
stay at the Marshalltown Residential Facility. Plettenberg
was placed at the facility on February 9, 2016, but he
absconded from the facility less than a week later.
Plettenberg was charged thereafter with the crime of escape,
a class "D" felony. See id. §
weeks later, while he was a fugitive, a deputy sheriff
observed Plettenberg driving a car with an expired validation
sticker. The deputy, driving a fully-marked sheriff's
office patrol truck, attempted to initiate a traffic stop,
did not stop. A chase ensued. During the chase, Plettenberg
drove up over a curb, blowing out his car's right front
tire. He proceeded to drive across the lawn of the Hawkeye
Care Center, causing extensive damage to the lawn and a
concrete sidewalk. The chase continued. Ultimately, the
deputy was able to pin and stop Plettenberg's car, but
Plettenberg attempted to flee on foot. Plettenberg was then
tackled by other law enforcement officers and a civilian and
subsequently placed under arrest.
Plettenberg was charged with four crimes as a habitual
offender in case number FECR088617: (I) escape, (II) eluding,
and (III) second-degree criminal mischief, each a class
"D" felony; and (IV) driving while barred, an
aggravated misdemeanor. See id. §§
321.279(3), 321.561, 716.1, 716.4, 719.4(1). Plettenberg
initially pled not guilty to the four offenses, but he and
the State later reached a plea agreement. Plettenberg agreed
to plead guilty as charged to count IV, driving while barred,
as well as pleading guilty to three lesser-included offenses
of the other crimes charged, to be amended as follows: (I)
escape, in violation of section 719.4(2), a serious
misdemeanor, (II) eluding, in violation of section
321.279(2), an aggravated misdemeanor, and (III) third-degree
criminal mischief, in violation of sections 716.1 and .5(2),
an aggravated misdemeanor. The habitual-offender sentencing
March 10, 2017, Plettenberg entered four separate written
guilty pleas. Concerning the escape charge, the plea stated:
I understand that a maximum sentence for the offense charge
is a fine of at least $315 but not to exceed $1, 875 with a
surcharge of 35%, and in addition the court may also order
imprisonment not to exceed one year, that I may be held
responsible for court-appointed attorney fees and
restitution, court costs, and a law enforcement initiative
surcharge of $125[.]
other three pleas each stated:
I understand that a maximum sentence for the offense charges
is imprisonment up to, but not to exceed two years. There
shall be a fine of at least $625 but not to exceed $6, 250,
and I will be held accountable for a 35% surcharge on any
fine imposed as well as court costs and attorney fees.
was no explicit language in those latter three agreements
addressing restitution. However, all four plea agreements
I have discussed with my attorney and hereby waive my right
to be present and personally inform the Court of my plea and
to speak for myself regarding sentencing, as is my right
under rule 8(2)(b), Iowa Rules of Criminal Procedure.
I have discussed with my attorney and understand that to
contest the adequacy of my guilty plea, I must do so at least
five (5) days prior to sentencing by a motion in arrest of
judgment, and in any event at least 45 days from the
acceptance of my plea, as provided in Rule 23(3), Iowa Rules
of Criminal Procedure.
My plea of guilty has been the result of a plea bargain
whereby the parties will each make their own sentencing
recommendation. The defense requests that this matter be
handled at the same time as the probation revocation
disposition in FECR086357 and AGCR086445. I ask the Court to
accept my plea of guilty.
court subsequently accepted the guilty pleas, finding:
The written plea of guilty shows that the defendant's
plea is voluntary, being freely and intelligently made, with
an understanding of the charge, with knowledge of the penal
consequences of the plea, with full knowledge of the
defendant's constitutional rights, and that said rights
are waived by a plea of guilty, without any threats, improper
inducements or persuasion, and the Court finds there is a
factual basis for the defendant's plea of guilty.
sentencing hearing was held in March 2017. There, the
prosecutor explicitly recommended:
[T]urning to . . . FECR088617, starting with the misdemeanor
[escape conviction], the State recommends a sentence of one
year in jail, that, of course, that it runs consecutively to
be served at the end of any other sentences; a $315 fine and
35 percent surcharge.
For the [eluding conviction], the State recommends a sentence
of two years; $625 fine; 35 percent surcharge.
For the [criminal-mischief conviction], the State recommends
a sentence of two years, with the minimum $625 fine; 35
percent surcharge; Law Enforcement Initiative Surcharge. And
that Mr. Plettenberg be ordered to pay restitution, if it is
On [the driving-while-barred conviction], the State
recommends a sentence of two years prison with a $625 fine;
35 percent surcharge. And the State recommends that all the
fines and the 35 percent surcharges be suspended. The State