State of Iowa v. Frederick Joseph Olson
15-2114
| Iowa Ct. App. | Jan 25, 2017Background
- Olson faced multiple informations: burglary in the third degree (as an habitual offender) and other charges including an attempted murder charge.
- Parties entered a global plea agreement: Olson would plead guilty to third-degree burglary (habitual offender) and the attempt-to-commit-murder count would be amended to interference with official acts while displaying a dangerous weapon (habitual offender); the State would recommend concurrent terms not to exceed 15 years and dismiss other charges.
- On plea and sentencing, the State recommended as agreed and the court sentenced Olson.
- On direct appeal, the Court of Appeals found no factual basis for the interference charge and vacated that conviction; because additional charges had been dismissed in exchange for the global plea, the court directed that if no factual basis existed for the interference charge, the burglary conviction should also be vacated to restore the parties to their pre-plea positions.
- On remand the district court could not establish a factual basis for the interference charge but nevertheless left Olson’s enhanced burglary conviction and sentence intact; Olson objected, arguing the remand required vacatur of the burglary conviction.
- The appellate court held the district court failed to follow the mandate: absent a factual basis for the interference charge the entire global plea (including the enhanced burglary conviction) must be vacated and the State may reinstate dismissed charges or file new charges supported by the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court was required to vacate the enhanced third-degree burglary conviction after no factual basis was found for the amended interference charge | State: could leave burglary conviction in place because it adhered to plea terms by dismissing other charges and waiving new filings | Olson: remand required vacatur of the burglary conviction so parties are returned to pre-plea positions and Olson can renegotiate or be tried | Court: vacated burglary judgment and sentence; remanded with directions to restore parties to pre-plea positions so State may reinstate or refile charges |
Key Cases Cited
- In re Marriage of Davis, 608 N.W.2d 766 (Iowa 2000) (district court acts beyond jurisdiction if it fails to follow appellate mandate)
- State v. Allen, 708 N.W.2d 361 (Iowa 2006) (a plea bargain is invalid if there is no factual basis for an essential element of the plea)
- State v. Pearson, 876 N.W.2d 200 (Iowa 2016) (mandate of appellate court becomes law of the case on remand)