from the Iowa District Court for Polk County, Gregory A.
defendant appeals his conviction for neglect of a dependent
Patrick W. O'Bryan, Des Moines, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., Tabor, J., and Scott, S.J.
Dawson appeals his conviction for neglect of a dependent
person. We are unable to determine the basis for Dawson's
claims of ineffective assistance of counsel, and we preserve
his claim for possible postconviction-relief proceedings. We
affirm his conviction.
to the minutes of evidence, on March 26, 2018, Des Moines
police officers conducted a search of the bedroom where
Dawson was residing. The officers found marijuana, a spoon
and baggies with methamphetamine residue, and two syringes
loaded with methamphetamine. The spoon, baggies, and syringes
were in an area accessible to Dawson's two-year-old
child. Dawson admitted, "[T]he narcotics found in the
southeast bedroom where he resides were his."
was charged with neglect of a dependent person and two counts
of possession of a controlled substance. He entered into a
plea agreement in which he agreed to plead guilty to neglect
of a dependent person, in violation of Iowa Code section
726.3 (2018), and the other charges would be
dismissed. At the plea proceeding, Dawson stated he
engaged in the sale of methamphetamine while his child was in
his care. He stated the child was in the house, but not in
the same room, while he was selling illegal substances.
Dawson agreed drug dealing was an inherently dangerous
business and the child could not protect himself from that
danger due to his young age. Dawson also stated the court
could consider the minutes of evidence in determining whether
there was a factual basis for the plea.
court accepted Dawson's guilty plea. Dawson now appeals,
claiming he received ineffective assistance of counsel. We
conduct a de novo review of claims of ineffective assistance
of counsel. State v. Maxwell, 743 N.W.2d 185, 195
claims he did not file a motion in arrest of judgment to
challenge his guilty plea due to ineffective assistance of
counsel. He states he did not knowingly,
voluntarily, and intelligently plead guilty to neglect of a
dependent person because "his trial counsel did not
adequately explain things to him prior to the plea he
entered." Dawson states he did not do anything "to
endanger his son's safety as his son was always in a
different part of his residence whenever illegal substances
were sold." He claims that but for the ineffective
assistance of counsel, he would not have pled guilty to the
address claims of ineffective assistance on direct appeal
only when the record is adequate. State v. Johnson,
784 N.W.2d 192, 198 (Iowa 2010) ("[I]f a defendant
wishes to have an ineffective-assistance claim resolved on
direct appeal, the defendant will be required to establish an
adequate record to allow the appellate court to address the
issue."). "Only in rare cases will the trial record
alone be sufficient to resolve the claim on appeal."
State v. Tate, 710 N.W.2d 237, 240 (Iowa 2006).
determine we are unable to address Dawson's claims in
this direct appeal. Dawson asserts defense counsel "did
not adequately explain things to him prior to the plea he
entered," but does not set forth what those
"things" were. Because we are unable to determine
the basis for Dawson's claims, we cannot make a
determination of whether he received ineffective assistance
of counsel or not. See State v. Harris, 919 N.W.2d
753, 754 (Iowa 2018) ("If the development of the
ineffective-assistance claim in the appellate brief was
insufficient to allow its consideration, the court of appeals
should not consider the claim, but it should not outright
reject it."); see also Johnson, 784 N.W.2d at
198 ("[A] defendant is [not] required to demonstrate the
potential viability of any ineffective-assistance claim
raised on direct appeal in order to preserve the claim for
claim of ineffective assistance of counsel cannot be
addressed in a direct appeal, it should be preserved for
possible postconviction-relief proceedings. Johnson,
784 N.W.2d at 198. By preserving the issue, "an adequate
record of the claim can be developed and the attorney charged
with providing ineffective assistance may have an opportunity