from the Iowa District Court for Polk County, William A.
Price, District Associate Judge.
defendant claims trial counsel was ineffective for allowing
him to plead guilty to eluding without a factual basis and
for failing to competently advocate for him during
Stone of Parrish Kruidenier Dunn Boles Gribble Gentry Brown
& Bergmann L.L.P., Des Moines, for appellant.
J. Miller, Attorney General, and Darrel L. Mullins, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Hankins appeals from his convictions and sentences for
eluding, leaving the scene of an accident where a serious
injury occurred, and third-degree fraudulent practice.
Hankins maintains trial counsel provided ineffective
assistance when he allowed Hankins to plead guilty to the
crime of eluding without a factual basis to support the plea.
He also maintains trial counsel acted ineffectively at
sentencing by failing to competently advocate for him
"after highly emotional victim impact statements."
Background Facts and Proceedings.
to the minutes of evidence, on April 1, 2017, Hankins drove
an automobile away from a marked police car at a high rate of
speed after the police car turned on its lights and sirens.
Hankins's vehicle eventually collided with two other
vehicles, resulting in serious injuries to civilians in those
vehicles. Hankins then fled on foot and was not immediately
apprehended. A subsequent investigation into the identity of
the driver uncovered Hankins's alleged perjury and fraud
related to the sale of the car he had been driving.
was charged with serious injury by a vehicle, eluding, and
leaving the scene of an accident where a serious injury
occurred. In a separate trial information, Hankins was also
charged with perjury; fraudulent practice in the second
degree, a "D" felony; and fraudulent practice in
the third degree, an aggravated misdemeanor.
entered written guilty pleas to eluding and leaving the scene
of an accident where a serious injury occurred. He also
entered a guilty plea to third- degree fraudulent practice.
Per an agreement, the State dismissed the remaining charges.
court accepted each of Hankins's guilty pleas.
sentencing hearing, the court heard three victim-impact
statements from women who were involved in the collision with
Hankins's vehicle. The State recommended the court
sentence Hankins to three two-year terms of incarceration and
run the terms consecutive to each other.
court sentenced Hankins to a term of incarceration of 365
days for eluding. Additionally, Hankins received a suspended
two-year sentence for leaving the scene of an accident where
a serious injury occurred and a suspended two-year sentence
for fraudulent practice in ...