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State v. Redden

Court of Appeals of Iowa

January 9, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
GREG MITCHELL REDDEN, Defendant-Appellant.

          Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.

         Greg Redden appeals after pleading guilty to operating while intoxicated, assault on a peace officer, and second-degree criminal mischief.

          Zachary S. Hindman of Mayne, Hindman & Daane (until withdrawal), Sioux City, and Priscilla E. Forsyth, Sioux City, for appellant.

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

          Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J. [*]

          DOYLE, JUDGE.

         Greg 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 sentencing.

         I. Guilty Plea.

         Redden 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.

         Before 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).

         Redden 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.

         The 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 ...

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