State of Iowa v. Cory Gregersen, 16-0883

On September 20, 2015 Gregersen placed a shotgun in his mouth and fired it inside his home; his wife was present in the house when the first shot was fired and later heard a second shot while outside. She testified she was "scared."
State charged Gregersen with intimidation with a dangerous weapon under Iowa Code § 708.6; plea agreement reduced the charge to a class D felony with the State recommending minimum fine and a suspended prison sentence.
At the plea hearing Gregersen admitted he intentionally fired a firearm in a building occupied by another person and agreed the conduct placed that person in reasonable apprehension of serious injury.
Court accepted the guilty plea and later sentenced Gregersen to an indeterminate term not to exceed five years, suspended, and placed him on five years' probation with conditions; imposed minimum fine and surcharge.
Gregersen appealed, arguing (1) his trial counsel was ineffective for allowing a guilty plea without a factual basis for the class D charge, and (2) the sentencing court failed to state adequate reasons for the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for allowing a guilty plea lacking a factual basis for intimidation with a dangerous weapon	State: Record (defendant's admissions and minutes of testimony) supplies factual basis showing defendant placed occupant in reasonable apprehension of serious injury	Gregersen: Firing while occupant was present did not show contemporaneous fear of serious injury (initial reaction showed fear he shot himself; second shot occurred when wife was outside)	Court: Affirmed — factual basis exists; counsel therefore not ineffective
Whether the sentencing court failed to state adequate reasons for its chosen sentence	State: Court orally stated defendant's criminal history, need for treatment, facts of the offense, and reasoning against both imprisonment and deferred judgment	Gregersen: Court's reasons were insufficient or not in writing	Court: Affirmed — oral statement and record provided adequate, non-boilerplate reasons; no abuse of discretion

State v. Clay, 824 N.W.2d 488 (Iowa 2012) (standard for ineffective-assistance claims)
State v. Finney, 834 N.W.2d 46 (Iowa 2013) (requirement that a guilty plea have a factual basis)
State v. Gines, 844 N.W.2d 437 (Iowa 2014) (failure to ensure factual basis for plea is ineffective assistance; prejudice inherent)
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (sources for determining factual basis for plea)
State v. Valin, 724 N.W.2d 440 (Iowa 2006) (standard for reviewing sentencing decisions)
State v. Thacker, 862 N.W.2d 402 (Iowa 2015) (requirements for court to state reasons for sentence; boilerplate may be insufficient)