from the Iowa District Court for Woodbury County, Jeffrey L.
Redden appeals after pleading guilty to operating while
intoxicated, assault on a peace officer, and second-degree
Zachary S. Hindman of Mayne, Hindman & Daane (until
withdrawal), Sioux City, and Priscilla E. Forsyth, Sioux
City, for appellant.
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., Doyle, J., and Danilson,
Redden appeals his convictions and sentences after pleading
guilty to operating while intoxicated (OWI), assault on a
peace officer, and second-degree criminal mischief. He
contends his counsel was ineffective and the district court
denied him his rights of personal presence and allocution at
first contends his counsel was ineffective in allowing him to
plead guilty to the criminal-mischief charge without a
factual basis. We review ineffective-assistance claims de
novo. State v. Utter, 803 N.W.2d 647, 651 (Iowa
2011), overruled on other grounds by Schmidt v.
State, 909 N.W.2d 778 (Iowa 2018). In order to succeed
on an ineffective-assistance claim, a defendant must show
counsel failed to perform an essential duty and prejudice
resulted. Id. at 652.
accepting a guilty plea, the court must determine the plea
has a factual basis. See Iowa R. Crim. P. 2.8(2)(b).
If counsel allows a defendant to plead guilty to a charge
without a factual basis, then an essential duty has been
breached and "[p]rejudice is inherent." State
v. Gines, 844 N.W.2d 437, 441 (Iowa 2014). We look at
the entire record before the district court at the time of
the plea to determine whether a factual basis for the plea
exists. See State v. Finney, 834 N.W.2d 46, 62 (Iowa
2013). "[T]he record must disclose facts to satisfy all
elements of the offense." Rhoades v. State, 848
N.W.2d 22, 29 (Iowa 2014).
argues there was an insufficient basis for his guilty plea to
the charge of second-degree criminal mischief. Criminal
mischief is defined as "[a]ny damage, defacing,
alteration, or destruction of property . . . when done
intentionally by one who has no right to so act." Iowa
Code § 716.1 (2018). An act of criminal mischief is
criminal mischief in the second degree "if the cost of
replacing, repairing, or restoring the property that is
damaged, defaced, altered, or destroyed exceeds one thousand
dollars but does not exceed ten thousand dollars."
Id. § 716.4(1). Redden claims there is no
evidence in the record to support a finding that he had the
specific intent to damage the property at issue.
following exchange occurred at the plea hearing:
THE COURT: On or about the 4th day of February, 2018, in
Woodbury County, Iowa, did you damage a motor vehicle