from the Iowa District Court for Black Hawk County, Kellyann
M. Lekar, Judge.
Cockhren appeals his conviction after pleading guilty to
burglary in the second degree.
C. Smith, State Appellate Defender, (until withdrawal) and
Robert P. Ranschau, Assistant Appellate Defender, for
J. Miller, Attorney General, and Genevieve Reinkoester,
Assistant Attorney General, for appellee.
Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.
Cockhren appeals his conviction and sentence after he entered
into an Alford plea for second-degree burglary. He
claims he received ineffective assistance of counsel because
his counsel allowed him to enter into the Alford
plea despite a lack of factual basis for the plea. We find
Cockhren may not rely on the additional minutes of evidence
that were filed after his notice of appeal and find counsel
was not ineffective because a factual basis exists for the
Background Facts and Proceedings
March 24, 2018, Cockhren attempted to see his ex-girlfriend
at her residence. The two had previously lived together, but
their five-month relationship and cohabitation ended one
month prior to the March visit. The night of March 24, the
ex-girlfriend reported Cockhren broke down her door, entered
the residence, and strangled her. Cockhren was arrested and
charged with burglary, two counts of domestic assault, and
6, Cockhren entered an Alford plea for burglary in
the second degree, in violation of Iowa Code section 713.5
(2018), and pled guilty to domestic abuse assault by impeding
the air or blood flow of another and causing bodily injury,
in violation of Iowa Code section 708.2A(5); criminal
mischief in the third degree, in violation of Iowa Code
section 716.1; and domestic abuse assault causing bodily
injury or mental illness, in violation of Iowa Code section
708.2A(2)(b). He was sentenced to periods of incarceration
not to exceed ten years for the burglary offense, five years
for one domestic-abuse-assault offense, two years for the
criminal-mischief offense, and one year for the second
domestic-abuse-assault offense, all to be served
concurrently. Cockhren filed his notice of appeal on July 11.
State filed additional minutes of evidence on July
On November 26, the State moved to strike Cockhren's
brief, arguing Cockhren could not rely on the additional
minutes since it was filed after he appealed. Cockhren
resisted the motion and claimed the additional minutes should
be part of the record for many reasons. An order from our
supreme court was filed on January 11, 2019, instructing the
parties to brief the issue regarding the additional minutes
Standard of Review
claim of ineffective assistance of counsel requires a de novo
review because the claim is derived from the Sixth Amendment
of the United States Constitution." Bowman v.
State, 710 N.W.2d 200, 204 (Iowa 2006). This includes
ineffective-assistance claims stemming from claims a guilty
plea lacked a factual basis. State v. Keene, 630
N.W.2d 579, 581 (Iowa 2001). "Claims of ineffective
assistance of counsel are generally preserved for
postconviction relief proceedings. Where the record is
adequate to address the issue, however, such claims will be
considered on direct appeal." State v.
Schminkey, 597 N.W.2d 785, 788 (Iowa 1999).