State of Iowa v. Keesha Lynn Tu
16-2079
| Iowa Ct. App. | Aug 2, 2017Background
- Keesha Tu pled guilty to forgery for involvement with checks drawn on an acquaintance’s account.
- The State charged her under Iowa Code § 715A.2(1)(b) for using a writing purporting to be the act of another (checks).
- At the plea colloquy Tu admitted she helped a friend negotiate a check, believed the friend signed the check with the account owner's name, and said the acquaintance had not given permission.
- Police interview minutes show Tu took checks belonging to the acquaintance, gave them to the friend, and told the friend she wanted some money; Tu said she was "pretty sure" the checks were stolen.
- Tu admitted she did not sign the checks but filled in the payee name and amount on one cashed check.
- Tu appealed, arguing her guilty plea lacked a factual basis for the element that the checks purported to be the act of another, and thus her counsel was ineffective for allowing the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record contained a factual basis that the checks "purported to be the act of another" | The State: minutes and admissions show Tu provided and filled out checks and believed they were stolen, supporting that they were presented as another’s act | Tu: plea colloquy and minutes lacked an "unequivocal statement" that the checks were signed with the account owner's name | Court: Record (plea admissions + minutes) supplies a factual basis; element satisfied |
| Whether defense counsel breached an essential duty by allowing plea despite alleged lack of factual basis | State: no breach because factual basis existed | Tu: counsel should have challenged plea for lack of factual basis | Court: No breach; counsel not ineffective |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)
- State v. Harris, 891 N.W.2d 182 (Iowa 2017) (applying Strickland in Iowa)
- Rhoades v. State, 848 N.W.2d 22 (counsel breaches duty if allows plea without factual basis; prejudice presumed)
- State v. Acevedo, 705 N.W.2d 1 (forgery statute/definitions)
- State v. Phillips, 569 N.W.2d 816 (signature as drawer alone may not purport to be act of another)