State of Iowa v. Eric Gene Thompson
14-0561
Iowa Ct. App.Nov 23, 2016Background
- Eric Thompson pleaded guilty to felony eluding and operating while intoxicated (second offense).
- He later appealed, arguing his guilty pleas were not intelligently made because the district court failed to advise him of statutory surcharges for each offense.
- Iowa Rule Crim. P. 2.8(2)(b)(2) requires the court to advise defendants of mandatory minimums and maximum punishments; State v. Fisher held disclosure must include applicable surcharges.
- Thompson did not file a motion in arrest of judgment challenging the plea below.
- He claimed the district court failed to comply with Rule 2.8(2)(d) by not advising that failure to file a motion in arrest of judgment would bar appellate review; the record showed the court explicitly told him to file a motion if he ever wanted to challenge the plea.
- The court found the advisement substantially complied with Rule 2.8(2)(d) and therefore Thompson’s claim was not preserved; convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson’s guilty plea was invalid because the court failed to advise him of surcharges required by Fisher | State: Plea was properly entered and preserved challenges were lacking | Thompson: Plea not intelligent because court did not disclose surcharges tied to offenses | Affirmed: Claim not preserved; court had complied with Rule 2.8(2)(d), so appellate challenge barred |
Key Cases Cited
- State v. Fisher, 877 N.W.2d 676 (Iowa 2016) (disclosure under rule 2.8(2)(b)(2) must include all applicable surcharges)
- State v. Meron, 675 N.W.2d 537 (Iowa 2004) (court must advise defendant that failing to file a motion in arrest of judgment precludes appellate challenge)
- State v. Loye, 670 N.W.2d 141 (Iowa 2003) (failure to advise about motion in arrest of judgment can affect preservation)
- State v. Straw, 709 N.W.2d 128 (Iowa 2006) (substantial compliance standard applies to rule 2.8(2)(d) advisals)
