Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Westwater

Court of Appeals of Iowa

May 1, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
DEREK A. WESTWATER, Defendant-Appellant.

          Appeal from the Iowa District Court for Lee (South) County, Mark E. Kruse, Judge.

         Defendant appeals his conviction for harassment in the first degree.

          Nate Nieman, Rock Island, Illinois, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., and Tabor and Bower, JJ.

          PER CURIAM

         Derek Westwater appeals his conviction for harassment in the first degree. We find Westwater failed to show he received ineffective assistance because defense counsel permitted him to plead guilty to a count where there was not a factual basis, as there was a sufficient factual basis for the plea. We affirm Westwater's conviction.

         I. Background Facts & Proceedings

         Westwater was charged with four counts of first-degree harassment based on threats he made to Captain Kevin Church while in a holding cell at the Keokuk Police Department. Westwater threatened to physically harm Captain Church, his wife, daughter, and son.

         Westwater filed a motion to dismiss, claiming he did not have personal contact with Captain Church's wife, daughter, or son and the charges involving threats against them should be dismissed. The State resisted the motion to dismiss, claiming Westwater threatened four people-Captain Church, his wife, daughter, and son-while in personal contact with Captain Church and this gave rise to the four charges.[1] The district court denied the motion to dismiss.

         Westwater subsequently entered into a plea agreement, in which he would plead guilty to one count of first-degree harassment and the State would dismiss the three other charges. In a written guilty plea, Westwater stated:

In order to provide a factual basis for the plea of guilty the Defendant does admit that on or about the 1st day of May, 2018, in South Lee County, Iowa, I did purposely and without legitimate purpose have personal contact with Kevin Church with the intent to threaten, intimidate, or alarm Kevin Church, and in doing so did threaten to commit a forcible felony contrary to Iowa Code Sections 708.7(1) and 708.7(2) of the Iowa Criminal Code.

         The district court accepted Westwater's guilty plea to first-degree harassment, in violation of Iowa Code section 708.7(2) (2018), an aggravated misdemeanor.

         Westwater orally informed the court he wanted to withdraw his guilty plea. He obtained new counsel, and a formal motion in arrest of judgment was filed. Westwater and his previous defense counsel testified at a hearing on the motion. The issue of a factual basis for the plea was not raised. The district court denied the motion in arrest of judgment. Westwater was sentenced to a term of imprisonment not to exceed two years, to be served ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.