from the Iowa District Court for Scott County, Nancy S. Tabor
and Joel W. Barrows, Judges.
appeals his conviction and sentence for operating while
Brian Weiler, Davenport, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Vogel, C.J., Vaitheswaran, J., and Carr, S.J.
[*] Tabor, J.,
takes no part.
Brown pled guilty to operating while intoxicated, third
offense, in violation of Iowa Code section 321J.2(2)(c)
(2017). He now appeals his conviction and sentence. On
appeal, Brown asserts his counsel was ineffective for
allowing the district court to accept his guilty plea without
a factual basis.
we review challenges to guilty pleas for correction of errors
at law. State v. Tate, 710 N.W.2d 237, 239 (Iowa
2006). "However, when the challenge arises in the
context of an ineffective-assistance claim, our standard of
review is de novo." Id. For Brown to prevail on
his ineffective-assistance claim, he must show counsel failed
to perform an essential duty and such failure resulted in
prejudice. State v. Straw, 709 N.W.2d 128, 133 (Iowa
2006) (citing Strickland v. Washington, 466 U.S.
668, 687-88 (1984)). A district court "shall not accept
a plea of guilty without first determining that the plea . .
. has a factual basis." Iowa R. Crim. P. 2.8(2)(b).
Therefore, "[w]here a factual basis for a charge does
not exist, and trial counsel allows the defendant to plead
guilty anyway, counsel has failed to perform an essential
duty." State v. Schminkey, 597 N.W.2d 785, 788
factual basis can be discerned from four sources: (1) inquiry
of the defendant, (2) inquiry of the prosecutor, (3)
examination of the presentence report, and (4) minutes of
evidence." State v. Ortiz, 789 N.W.2d 761, 768
(Iowa 2010). At the plea hearing, the following colloquy
THE COURT: Will you tell me in your own words just what
caused you to be charged with OWI third or subsequent
BROWN: Stopped, had a couple drinks, just got off work and
got a little-got carried away with it and got in a vehicle
and drove home and made a wrong choice.
THE COURT: Well, when you say you had a couple drinks, were
they alcoholic beverages?
BROWN: They were mixed drinks, alcohol, hard liquor, yeah.
THE COURT: And at the time you were driving, were you under
the influence of an alcoholic beverage so your abilities to