Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Chumley

Court of Appeals of Iowa

November 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
KEYSEAN DAMOUR CHUMLEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, David N. May, Judge.

         The defendant appeals after pleading guilty to eluding.

          Thomas A. Hurd of Glazebrook, Glazebrook & Hurd, LLP, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Zachary C. Miller, Assistant Attorney General, for appellee.

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

          TABOR, JUDGE

         Keysean Chumley appeals his conviction for eluding. He argues trial counsel was ineffective for allowing him to plead guilty absent a factual basis for an element of eluding, namely, a visual signal given by a police officer. Because the district court had a sufficient factual basis to accept Chumley's plea, we affirm.

         I. Facts and Prior Proceedings.

         In March 2017, Chumley was driving a black Fiat 500 on the north side of Des Moines. Working patrol, Officer Jordan Wall saw the Fiat cross two lanes of traffic while making a left-hand turn. The Fiat's maneuver caused a pickup truck to swerve onto the sidewalk to avoid a collision. Officer Wall turned on his "emergency lights and sirens to initiate a traffic stop" of the Fiat. Instead of pulling over, Chumley sped up. Police arrested Chumley after a chase.

         As part of a bargain consolidating other charges, Chumley pleaded guilty to felony eluding. Felony eluding requires proof of the following elements:

[T]he driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle that is driven by a uniformed peace officer after being given a visual and audible signal[1] and in doing so exceeds the speed limit by twenty-five miles per hour or more, and . . . the driver is in violation of section . . . 124.401[2]. . . .

Iowa Code § 321.279(3)(b) (2017).

         On appeal, Chumley claims his counsel was ineffective in permitting him to plead guilty without a factual basis because the color of the lights used in the officer's visual signal is absent from the record.

         II. Scope and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.