from the Iowa District Court for Polk County, David N. May,
defendant appeals after pleading guilty to eluding.
A. Hurd of Glazebrook, Glazebrook & Hurd, LLP, Des
Moines, for appellant.
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
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.
Facts and Prior Proceedings.
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.
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 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. . . .
Iowa Code § 321.279(3)(b) (2017).
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.
Scope and ...