State of Iowa v. Justin Lee Gunter, 16-1291

Gunter pled Alford to burglary in the second degree and domestic-abuse assault causing bodily injury, second offense, under a plea agreement.
Gunter challenges the plea for ineffective assistance of counsel, asserting no factual basis for specific intent to assault and no basis for second-degree burglary.
Iowa law review is de novo for ineffective-assistance claims; requires showing counsel failed to perform an essential duty and prejudice.
Factual basis for a plea must be contained in the record and may come from defendant, prosecutor, presentence report, or minutes of evidence.
Burglary requires proof of entering with intent to commit an assault, among other elements; intent is usually proven circumstantially.
Facts show Gunter was at the complainant’s door despite a protective order, followed her into a bedroom, struggled, and took their child.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a factual basis for the burglary intent to assault?	Gunter contends no factual basis for intent to assault at entry.	State asserts sufficient circumstantial facts show entry with intent to assault.	Yes; facts support intent to assault at entry.

State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (ineffective assistance standard and need for a factual basis)
State v. Ortiz, 789 N.W.2d 761 (Iowa 2010) (record must disclose facts supporting the offense)
State v. Gines, 844 N.W.2d 437 (Iowa 2014) (factors for establishing a factual basis and scope of review)