from the Iowa District Court for Warren County, James D.
Birkenholz, District Associate Judge.
Vanmersbergen appeals his guilty plea to operating while
intoxicated, second offense, and operating while barred.
Patrick W. O'Bryan of O'Bryan Law Firm, Des Moines,
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Mullins and Greer, JJ.
Vanmersbergen appeals from his conviction by guilty plea to
operating while intoxicated, second offense, and operating
while barred. Through an ineffective-assistance-of-counsel
claim, he argues he did not understand the plea offer before
submitting his plea. Because the record is inadequate to
address his ineffective-assistance claim on direct appeal, we
preserve it for any later postconviction-relief action. We
affirm his conviction and sentence.
Background Facts and Proceedings.
October 1, 2018, Vanmersbergen, with the assistance of
counsel, entered a written guilty plea. In that plea, he
pleaded guilty to one count of operating while intoxicated,
second offense, in violation of Iowa Code section 321J.2
(2018) and one count of operating a motor vehicle while
barred in violation of Iowa Code sections 321.560 and .561.
The plea agreement recommended a two-year sentence with all
but seven days suspended, fines, and four years of supervised
probation. But the plea agreement noted, "The Court has
the discretion to accept or reject any plea agreement made
between the State of Iowa and me."
of his written plea, Vanmersbergen signed and dated three
separate provisions acknowledging and waiving several rights,
including waivers of his rights to: (1) "directly appeal
[his] guilty plea," (2) file a motion in arrest of
judgment, and (3) allocution. He also signed and dated an
acknowledgement of appeal rights. Presented with the guilty
plea, the court accepted it the same day and set the case for
sentencing on November 26.
January 25, 2019, during an unreported sentencing hearing,
the court sentenced Vanmersbergen to two years in prison on
each count, with the sentences to run concurrently, as well
as an $1875 fine and applicable surcharge and costs,
including court-appointed attorney fees. The court ordered
that Vanmersbergen undergo screening for placement in a
continuum of programming for supervision and treatment of
offenders convicted under Iowa Code chapter 321J. He now
Standard of Review.
review ineffective-assistance-of-counsel claims de novo.
State v. Straw, 709 N.W.2d 128, 133 (Iowa 2006).