from the Iowa District Court for Polk County, David N. May,
applicant appeals the dismissal of his application for
L. Mason of JL Mason Law, P.L.L.C., Ankeny, for appellant.
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee State.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Gram appeals the denial of his application for postconviction
relief (PCR). As he did in his application to the PCR court,
Gram maintains he received ineffective assistance from trial
counsel because trial counsel (1) allowed him to plead guilty
to failure to comply with sex-offender registry requirements,
second offense, without a factual basis to support the
and (2) failed to challenge the statute as unconstitutionally
Background Facts and Proceedings.
August 2013, a complaint was filed alleging Gram had failed
to comply with the sex offender registry requirements-his
second such offense. It stated he had moved from his
registered address on July 24 and had yet to update his
address with the registry. Based on this complaint, an arrest
warrant was issued, and Gram was taken into custody.
trial information, which was filed in October, stated Gram
had failed to comply with the sex offender registry, "in
violation of Iowa Code Section 691A.104(6)." The actual
code section at issue is 692A.104.
entered into an agreement with the State whereby he would
plead guilty to the charge and the State would recommend he
receive a suspended sentence with a term of probation.
December, Gram entered a guilty plea in open court. During a
colloquy with the court, the following exchange took place:
THE COURT: Understanding everything I've explained so
far, how do you plead as to the charge of failure to comply
with the sex offender registry, second offense, guilty or not
GRAM: Guilty, Your Honor.
THE COURT: Tell me what you did that makes you guilty of
GRAM: I failed to register in a timely manner due to the fact
that I was waiting on a job that I thought was going to pan
out that didn't pan out, and so the-so my landlord in
question failed to rent me that apartment. I didn't have
a job and-
THE COURT: So you moved-you lived at a certain address; is