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State v. Murdock

Court of Appeals of Iowa

August 1, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JEFFREY URE MURDOCK, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.

          Jeffrey Murdock appeals from his conviction asserting his trial counsel provided ineffective assistance.

          Mark C. Smith, State Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          VOGEL, Judge.

         Jeffrey 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.

         I. Background Facts and Proceedings

         In 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.

         In 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, ...

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