from the Iowa District Court for Des Moines County, Jennifer
Slocum Bailey, District Associate Judge.
appeals his conviction for eluding a peace officer. AFFIRMED.
William R. Monroe of Law Office of William Monroe,
Burlington, for appellant.
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
Baxter appeals his conviction for eluding a peace officer. We
find Baxter was informed of the elements of eluding a peace
officer and the State had the burden to prove those elements
beyond a reasonable doubt. Baxter has not shown he received
ineffective assistance because defense counsel did not file a
motion in arrest of judgment, as such a motion, if filed,
would have been unsuccessful. We affirm Baxter's
Background Facts & Proceedings
was charged with eluding a peace officer, in violation of
Iowa Code section 321.279(2) (2017), an aggravated
misdemeanor. Baxter entered into a plea agreement in which he
agreed to plead guilty to this charge and other charges
against him would be dismissed. He signed an amended written
guilty plea, in which he stated, "[W]hile exceeding the
speed limit by 25 mph or more, I willfully failed to bring my
vehicle to a stop for a marked law enforcement vehicle driven
by a uniformed peace officer, after being given a visual and
court accepted Baxter's guilty plea to eluding a peace
officer. He was sentenced to a term of imprisonment not to
exceed two years, to be served concurrently with another
charge. Baxter now appeals, claiming he received ineffective
assistance from defense counsel.
Standard of Review
conduct a de novo review of claims of ineffective assistance
of counsel. State v. Maxwell, 743 N.W.2d 185, 195
(Iowa 2008). To establish a claim of ineffective assistance
of counsel, a defendant must prove (1) counsel failed to
perform an essential duty and (2) prejudice resulted to the
extent it denied the defendant a fair trial. Id. A
defendant's failure to prove either element by a
preponderance of the evidence is fatal to a claim of
ineffective assistance. State v. Polly, 657 N.W.2d
462, 465 (Iowa 2003).
claims he received ineffective assistance because defense
counsel did not file a motion in arrest of judgment. He
states his guilty plea was not knowing and voluntary because
he was not fully advised of the elements of the offense and
was not informed he could only be found guilty if the State
established every element of the offense ...