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State v. Haynes

Court of Appeals of Iowa

May 2, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
BRYCE AUGUSTUS HAYNES, Defendant-Appellant.

          Appeal from the Iowa District Court for Jefferson County, Mary Ann Brown, Judge.

         Bryce Haynes appeals his conviction after pleading guilty to one count of sexual exploitation of a minor.

          Mark C. Smith, State Appellate Defender, and Maria Ruhtenberg, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl Soich, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Doyle and Bower, JJ.

          DOYLE, Judge.

         Bryce Haynes pled guilty to one count of sexual exploitation of a minor. On appeal, he challenges the existence of a factual basis to support his plea. Because Haynes did not attack his plea by motion in arrest of judgment, he raises his claim under an ineffective-assistance-of-counsel rubric. See State v. Rodriguez, 804 N.W.2d 844, 848 (Iowa 2011) (considering the defendant's challenge to the factual basis for his guilty plea as a claim of ineffective assistance of counsel even though the defendant failed to preserve error on the claim by filing a motion in arrest of judgment). Our review is therefore de novo. See id. ("We review claims of ineffective assistance of counsel de novo."). Haynes must prove by a preponderance of the evidence both that his counsel failed to perform an essential duty and prejudice resulted. See id. If counsel allowed him to plead guilty without a factual basis for his plea, we presume prejudice. See id. at 849. The question is whether the record shows a factual basis to support his plea. See id.

         There is a sufficient factual basis to support a guilty plea if the record at the time of the guilty plea, as a whole, discloses facts to satisfy each element of the offense. See Rhoades v. State, 848 N.W.2d 22, 29 (Iowa 2014); State v. Ortiz, 789 N.W.2d 761, 767-68 (Iowa 2010). The record does not need to support the defendant's guilt, but it needs to demonstrate facts that support the offense. See Ortiz, 789 N.W.2d at 768. In determining whether the record provides a sufficient factual basis to support the plea, we review the prosecutor's statements, the defendant's statements, the minutes of evidence, and "the presentence report, if available at the time of the plea." Rhoades, 848 N.W.2d at 29.

         Haynes pled guilty to sexual exploitation of a minor under Iowa Code section 728.12(1) (2016). That section makes it unlawful to "employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act." Iowa Code § 728.12(1). A prohibited sexual act occurs when there is sexual contact by any of the following:

1. Penetration of the penis into the vagina or anus.
2. Contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person.
3. Contact between the finger or hand of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 151, or 152.
4. Ejaculation onto the person of another.
5. By use of artificial sexual organs or substitutes therefor in contact with the ...

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