from the Iowa District Court for Scott County, Henry W.
Latham II, Judge.
appeals her conviction and sentence for operating while under
the influence, second offense, following her guilty plea and
the revocation of her probation and deferred judgment.
M. Meier of Meier Law Firm, Davenport, for appellant.
J. Miller, Attorney General, and Kevin Cmelik and Thomas E.
Bakke, Assistant Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
DANILSON, CHIEF JUDGE.
Hoffman appeals her conviction and sentence following her
guilty plea to operating while under the influence, second
offense (OWI 2nd offense). Her appeal was consolidated with
her appeal of the revocation of her probation and deferred
judgment from a prior conviction. Hoffman asserts the court
erred in accepting her guilty plea, in sentencing her, and in
finding a probation violation had occurred. Hoffman also
asserts her trial counsel was ineffective in allowing her to
plead guilty to OWI 2nd offense without a factual basis and
because her plea was not given knowingly, voluntarily, or
there was a factual basis for Hoffman's guilty plea to
OWI 2nd offense, counsel was not ineffective in that regard.
Because Hoffman stipulated she violated the terms of
probation, the court did not err in revoking her probation
and deferred judgment. We affirm Hoffman's conviction,
revocation, and sentences. Because the record is inadequate
to address Hoffman's other
ineffective-assistance-of-counsel claims, we preserve those
claims for potential postconviction-relief proceedings.
Background Facts and Proceedings
2016, Hoffman was charged with several felonies related to
the distribution of marijuana. Pursuant to a plea agreement,
Hoffman pled guilty to conspiracy to commit a non-forcible
felony, received a deferred judgment, and was placed on
probation on October 7, 2016.
days later, Hoffman was arrested for suspected OWI after she
was involved in a car accident. A passenger in the car told
officers Hoffman had been the driver of the vehicle, and
witnesses reported the driver of the vehicle fled on foot
after the accident. Officers found Hoffman in a nearby
park-lying facedown on the ground in some bushes. Hoffman was
taken to the jail and agreed to perform standard field
sobriety tests. She failed all of them. She submitted a
breath sample and it revealed her blood alcohol concentration
was .135. Throughout her interaction with police, Hoffman
denied being the driver of the car. The State charged Hoffman
with OWI 2nd offense on December 6, 2016.
probation officer reported Hoffman was arrested on January
12, 2017, for driving while revoked. The State filed an
application to revoke Hoffman's probation on January 13,
2017. Hoffman's probation officer filed an addendum to
the original probation-violation report on August 28, 2017,
and reported Hoffman was arrested in April 2017 for driving
while revoked and having no registration. The probation
officer also reported Hoffman was ticketed for driving while
barred in May and she tested positive for drug use in June
September 7, 2017, Hoffman and the State signed a plea
agreement in the OWI, second offense, case. Hoffman was
represented by attorney Rebecca Ruggero. According to the
agreement memorandum, Hoffman agreed to plead guilty, and the
State would recommend her sentence be served concurrently
with the disposition or sentence in her conspiracy case. On
the same day, the court accepted Hoffman's written guilty
plea. Paragraph two of the guilty plea form reads, "By
pleading guilty, I am asking the court to accept my guilty
plea. I am admitting there is a factual basis for the
charge(s), and I admit at the time and place charged in the
Trial Information I [blank lines]." Handwritten above
paragraph two is, "I agree that a jury could likely find
me guilty." Handwritten and crossed out in the space
provided below paragraph two is the word
"operated," then the following is written:
"operating a motor vehicle while under the influence and
that I was convicted of[.]" Paragraph 3 of the form
reads, "Additionally, I accept the minutes of testimony
as substantially true as to the elements of these charges
with the exclusion of the following statements: [blank
lines]." Handwritten in the space provided below
paragraph 3 is, "OWI in 2009" and "Don't
recall what happened in Illinois."
10 of the guilty plea form reads: "If I claim there are
any irregularities or errors in these plea proceedings, I
must file a motion in arrest of judgment . . . . [f]ailure to
do so will preclude my right to assert any defects in this
plea in any appeal." The form also reads near the
No one has made any promises or inducements to make me plead
guilty, nor has anyone threatened me to cause me to plead
guilty. My decision to plead guilty is voluntary and
intelligently made. I am not under the influence of any drug,
medication or alcohol that would hurt my ability to make
paragraphs near the end of the form are marked with an
"X"-one waiving Hoffman's right to be
personally present and participate in an in-court plea
colloquy and her right to have a verbatim record of the
guilty plea proceedings, and one waiving her right to be
present and address the court at sentencing and her right to
verbatim record of sentencing. The final marked paragraph
I am waiving my right to file a motion in arrest of judgment
as described in #10 above, my right to wait [fifteen] days
for my sentencing and I wish to be sentenced today. I know of
no legal cause why judgment should not be entered and there
are no pending motions.
signed the guilty plea form. The court accepted the guilty
plea, but set sentencing for September 21, 2017, to
correspond with the ...