State of Iowa v. Charles P. Tatum, 17-0394

In September 2016 officers stopped a vehicle and smelled burnt marijuana; a grinder and a marijuana cigarette were found within Tatum’s reach while he was a passenger.
Officers told Tatum he would be arrested for the marijuana cigarette; Tatum fled on foot, was chased, and, while officers grabbed his clothing, swung and struck Officer Matthew Lovelady in the forehead with a closed fist.
After arrest, 3.7 grams of crack cocaine were found in Tatum’s sock; separate marijuana-related charges also stemmed from the earlier stop. Multiple informations were filed against Tatum.
Tatum moved to suppress the vehicle search; the district court denied the motion on passenger-standing grounds after Tatum stipulated he was a passenger.
Tatum entered a plea agreement pleading guilty to possession of crack cocaine, assault on a peace officer, possession with intent to deliver marijuana, and carrying weapons; other charges were dismissed.
Post-plea, Tatum sought to withdraw pleas pro se but withdrew motions before sentencing; the court sentenced him to incarceration not to exceed ten years, and Tatum appealed.

Issue	State's Argument	Tatum's Argument	Held
Denial of motion to suppress (search of vehicle)	Tatum lacked standing as a passenger; alternatively officers had probable cause from smell of burnt marijuana	Warrantless search was illegal because driver refused consent; suppression would have prevented subsequent charges	Plea waived direct appeal; no viable ineffective-assistance claim showing counsel failed to file motion — claim not considered further
Factual basis for assault-on-peace-officer plea	Record (colloquy and facts) supplies factual basis: Tatum admitted swinging at officer while fleeing	No factual basis because no proof of intent to cause pain/injury or place officer in fear	Preserved under ineffective-assistance exception; record (Tatum’s admission he swung) supplies factual basis; plea valid
Ineffective assistance for not objecting to assault plea	Counsel’s decisions were proper given factual basis; no deficient performance shown	Counsel ineffective for allowing withdrawal of motion in arrest of judgment and failing to preserve plea challenge	Court finds counsel not ineffective because factual basis existed and prejudice is not shown
Sentence and denial of deferred judgment	Sentence within statutory limits; court considered criminal history, assault while on bond, and PSI; sentencing discretionary	Requested deferred judgment and lesser sentence; argues court abused discretion	No abuse of discretion; ten-year cap sentence not unreasonable; affirmed

State v. Door, 184 N.W.2d 673 (Iowa 1971) (guilty plea waives most nonjurisdictional defects)
State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (ineffective-assistance claims based on failure to file a meritorious suppression motion can survive a guilty plea)
State v. Keene, 630 N.W.2d 579 (Iowa 2001) (lack of factual basis in plea proceedings establishes ineffective assistance per se)
State v. Finney, 834 N.W.2d 46 (Iowa 2013) (plea requires factual basis but not proof beyond a reasonable doubt)
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (intent often inferred from surrounding facts and circumstances for assault)
State v. Halliburton, 539 N.W.2d 339 (Iowa 1995) (passenger standing to challenge vehicle search)
State v. Lloyd, 530 N.W.2d 708 (Iowa 1995) (sentences within statutory limits have strong presumption of reasonableness)
State v. Formaro, 638 N.W.2d 720 (Iowa 2002) (appellate review of sentencing is for abuse of discretion)
State v. Hopkins, 860 N.W.2d 550 (Iowa 2015) (appellate court reviews whether sentence imposed is unreasonable)