State of Iowa v. James L. Thorne, 16-0355

In Dec. 2014 officers executing a search warrant at James Thorne’s home discovered a 15-year-old girl leaving a bedroom; Thorne was 20. Texts and statements indicated a sexual relationship.
Thorne was charged with four counts of third-degree sexual abuse (class C felonies).
He signed a plea agreement and entered Alford pleas to three reduced counts: assault with intent to commit sexual abuse (aggravated misdemeanors). One count was dismissed.
The plea provided for consecutive two-year prison terms suspended in favor of probation, a ten-year special sentence under section 903B.2, and sex-offender registration.
Thorne appealed, claiming ineffective assistance of counsel: (1) counsel allowed an Alford plea without a sufficient factual basis because the conduct was purportedly consensual; (2) counsel misadvised him about the length of required sex-offender registration, rendering the plea unknowing/ involuntary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for permitting an Alford plea absent a factual basis	State: record supports a factual basis because victim was under age and could not consent	Thorne: relationship was consensual; no assault occurred, so no factual basis for assault with intent to commit sexual abuse	Court: No ineffective assistance; statutory and precedent law treat sexual activity with a minor as assault for these offenses, so factual basis existed
Whether plea was knowing and voluntary because counsel misadvised about sex-offender registration term	State: record does not show counsel’s specific advice; no record-based finding	Thorne: counsel told him registration would be 10 years; actual law may require lifetime registration under §692A.106(5)	Court: Record inadequate to resolve; preserved for possible postconviction relief

Ennenga v. State, 812 N.W.2d 696 (Iowa 2012) (standard of review for ineffective-assistance claims)
State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (two-part ineffective-assistance test)
State v. McKettrick, 480 N.W.2d 52 (Iowa 1992) (defendant’s burden to show counsel ineffective)
State v. Finney, 832 N.W.2d 46 (Iowa 2013) (requirement of factual basis for guilty pleas)
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (factual-basis requirement applies to guilty pleas)
State v. Anderson, 222 N.W.2d 494 (Iowa 1974) (minor cannot legally consent; sexual act on minor constitutes assault with intent)
State v. Coil, 264 N.W.2d 293 (Iowa 1978) (consent by a minor does not negate assault with intent to commit statutory rape)
State v. Fountain, 786 N.W.2d 260 (Iowa 2010) (preserve claims for postconviction when record is inadequate)
North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (definition and effect of an Alford plea)