from the Iowa District Court for Polk County, William P.
Kelly (first plea), Robert B. Hanson (second plea and
sentencing), and Heather L. Lauber (revocation), Judges.
Harriman appeals her convictions following Alford
pleas to second-degree theft and third-degree theft.
M. Greenberg of Greenberg & Hurd, LLP, Des Moines, for
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Harriman appeals her convictions for second-degree theft and
third-degree theft. On appeal, Harriman contends her trial
counsel was constitutionally ineffective for permitting her
to enter Alford pleas without a sufficient factual
basis for the pleas and failing to file a motion in arrest of
judgment. We find a sufficient factual basis existed
for Harriman's Alford pleas and counsel did not
provide ineffective assistance.
Background Facts & Proceedings
30, 2016, a ranger impounded a car at Jester Park, leaving
its occupants, Harriman and David Wicker, on foot. On July
31, Jester Park Golf Course reported the clubhouse had been
broken into and a truck, tools, and two lock boxes of
employee records had been taken. On August 11, Missouri state
park rangers conducting a consent search of Wicker and
Harriman's campsite in Wallace State Park found the
truck, tools, and records from the golf course. Harriman told
the rangers the couple had purchased the vehicle without a
November 18, the State filed a trial information charging
Harriman individually, by joint criminal conduct, or by
aiding and abetting another with second-degree theft,
third-degree theft, and third-degree burglary. At a December
14 plea hearing, Harriman attempted to plead guilty to
third-degree burglary and third-degree theft. Harriman's
statement to establish the factual basis for her plea to the
burglary charge indicated Wicker had gone to get the truck
while Harriman remained at their campsite. The court rejected
Harriman's guilty plea to third-degree burglary, finding
an insufficient factual basis to support the burglary plea
due to her statement she did not enter the structure. The
court halted the plea hearing without reaching the
third-degree theft charge.
second plea hearing occurred January 3, 2017, and Harriman
entered Alford pleas to second-degree theft and
third-degree theft. When the court asked Harriman if she
thought she would probably be convicted if the witnesses
testified as indicated in the trial information and minutes
of testimony, she answered, "Yes." The court found
sufficient factual basis existed and accepted Harriman's
pleas. At the February 15 sentencing hearing, the court
deferred judgment on both counts and placed Harriman on
probation for three years.
December 29, a report of probation violation was filed,
resulting in the court revoking Harriman's deferred
judgment on January 26, 2018, adjudicating her guilty of
second-degree and third-degree theft, and sentencing her to
consecutive sentences of five and two years in prison. The
court suspended her sentence and placed her on probation
again. Harriman appeals, claiming ineffective assistance of
Standard of Review
review for a lack-of-a-factual-basis challenge to a guilty
plea is for correction of errors of law. State v.
Martin, 778 N.W.2d 201, 202 (Iowa Ct. App. 2009). We
review claims of ineffective assistance of counsel de novo.
Ennenga v. State, 812 N.W.2d 696, 701 (Iowa 2012).
To establish a claim of ineffective assistance of counsel, a
defendant must show (1) the attorney failed to perform an
essential duty and (2) prejudice resulted to the extent it
denied the defendant a fair trial. State v. Carroll,
767 N.W.2d 638, 641 (Iowa 2009). A defendant has the burden
to show by a preponderance of the evidence counsel was
ineffective. State v. ...