State of Iowa v. Anthony Davis, 16-2228

On November 22, 2016, Anthony Davis, an inmate at the Johnson County jail, allegedly punched Sergeant Demetrius Marlowe in the jaw while being asked to open a door and yelled threats; deputies struggled with Davis.
Davis was charged with assault on persons engaged in certain occupations causing bodily injury (Iowa Code § 708.3A(3)), an aggravated misdemeanor.
Davis signed a written guilty plea stating, "I did assault a peace officer in uniform causing bodily injury." The district court accepted the plea, finding a factual basis after reviewing the plea, information, and minutes of testimony.
Davis was sentenced to up to two years’ imprisonment, concurrent with other sentences, and appealed claiming ineffective assistance of counsel.
His sole ineffective-assistance claim: counsel allowed him to plead guilty despite an inadequate factual basis for the element that the victim suffered bodily injury.
The Court of Appeals reviewed the record de novo and evaluated whether the plea and record provided an objective factual basis for the bodily-injury element.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for permitting a guilty plea lacking a factual basis	State: The record (minutes, plea) shows a factual basis for the assault and bodily-injury element	Davis: Minutes do not establish that Sgt. Marlowe suffered bodily injury, so plea lacked factual basis	Counsel not ineffective; plea had adequate factual basis

State v. Maxwell, 743 N.W.2d 185 (Iowa 2008) (standard for reviewing ineffective-assistance claims)
State v. Polly, 657 N.W.2d 462 (Iowa 2003) (defendant must prove both deficient performance and prejudice)
State v. Finney, 834 N.W.2d 46 (Iowa 2013) (counsel must ensure objective factual basis exists for guilty plea; proof beyond reasonable doubt not required)
State v. Philo, 697 N.W.2d 481 (Iowa 2005) (defendant’s on-the-record admission can supply factual basis for an element)
State v. Sutton, 853 N.W.2d 284 (Iowa Ct. App. 2014) (minutes and plea can establish factual basis for guilty plea)