from the Iowa District Court for Polk County, Robert B.
Jeffrey Murdock appeals from his conviction asserting his
trial counsel provided ineffective assistance.
C. Smith, State Appellate Defender, for appellant.
J. Miller, Attorney General, and Kelli A. Huser, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
Murdock appeals his conviction following his guilty plea for
failure to comply with sex offender registry requirements,
second or subsequent offense, in violation of Iowa Code
sections 692A.104 and 692A.111 (2016). He contends his trial
counsel was ineffective in allowing him to plead guilty when
there was no factual basis for the plea. The State asserts
the record establishes a factual basis. Because we agree the
record contains a factual basis for Murdock's guilty
plea, we affirm.
Background Facts and Proceedings
November 2016, the Fort Des Moines Correctional Facility
notified the Des Moines Police Department that Murdock walked
away from the facility on October 29, 2016. Murdock was
required to register with the Iowa Sex Offender Registry
following a 2003 conviction. Murdock previously failed to
update his address with the registry in 2008. A warrant was
issued for Murdock's arrest on November 14. On November
22, while investigating a burglary, officers made contact
with and arrested Murdock.
January 2017, the State filed a trial information that stated
Murdock failed to comply with the sex offender registry, in
violation of Iowa Code sections 692A.104 and 692A.111.
Murdock entered into a plea agreement with the State whereby
he would plead guilty to the charge and the State would
follow the recommendation of the presentence investigation
report, in addition to recommending the dismissal of another
charge. In March 2017, Murdock entered a guilty plea before
the court. During the plea colloquy, Murdock and the court
engaged in the following discussion:
MURDOCK: Yes. I-well, I ran from the Fort Des Moines October
30 or October 31.
COURT: Okay. But prior to that time-. MURDOCK: But prior to
that I was there and-
COURT: You'd been residing there? MURDOCK: Yeah.
COURT: And then when you ran-you say you ran on October 30 or
something like that? MURDOCK: Yeah, ...