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State of Iowa v. Eric Gene Thompson
14-0561
Iowa Ct. App.
Nov 23, 2016
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Background

  • 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)
Read the full case

Case Details

Case Name: State of Iowa v. Eric Gene Thompson
Court Name: Court of Appeals of Iowa
Date Published: Nov 23, 2016
Docket Number: 14-0561
Court Abbreviation: Iowa Ct. App.