State of Iowa v. Leonard Draper Jr., 16-0336

Background

On September 23, 2015 Draper forced entry into his girlfriend Ashley’s apartment, threatened her with a knife, held a hand over her mouth, was bitten by her, and punched her in the head; police photos and officer notes documented head contusion/hematoma and neck markings attributed to Draper.
State charged Draper with first-degree burglary (count I), domestic abuse assault causing injury — second offense (count II), and domestic abuse assault while displaying a weapon (count III).
Plea agreement: Draper pled guilty to lesser-included second-degree burglary (Class C felony) and to aggravated-misdemeanor domestic abuse assault (count II); State dismissed count III and agreed to recommend a suspended burglary sentence; restitution agreed; State free to recommend on assault.
At the plea hearing the court accepted written plea; Draper admitted at the hearing he grabbed, pushed, threatened Ashley with a knife, and had no reason to put hands on her. The court misstated or omitted certain fine/surcharge amounts and did not advise some mandatory surcharges.
Sentencing: burglary—suspended 10-year indeterminate term, $1000 fine suspended, $125 LEI surcharge ordered; assault—270 days county jail with credit and $625 fine suspended; sentences to run concurrently.
Draper appeals claiming ineffective assistance: (1) no factual basis for assault element “caused bodily injury”; (2) counsel failed to challenge court’s inaccurate/incomplete advisement of maximum/minimum fines and mandatory surcharges.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether record contained a sufficient factual basis for the assault element "causes bodily injury"	State: minutes of evidence, officer report, photos plus Draper’s written and oral admissions together supply an objective factual basis	Draper: written plea language alone was insufficient; distinguishes "caused" vs "resulted" wording	Court held record (written plea, oral admissions, minutes) provided factual basis; counsel not ineffective on this point
Whether counsel was ineffective for failing to challenge the court’s inaccurate/incomplete advisement of fines and mandatory surcharges under Iowa R. Crim. P. 2.8(2)(b)	State: sentencing suspended fines (surcharges suspended proportionally) and record lacks proof of prejudice; some mandatory surcharges could still apply	Draper: court misstated maximum fine and failed to advise mandatory surcharges (LEI, domestic-assault surcharge), so counsel’s failure prejudiced plea decision	Court: record inadequate to resolve prejudice; preserved claim for postconviction relief rather than finding per se prejudice

Key Cases Cited

State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (addressing waiver by not filing motion in arrest of judgment and viability of ineffective-assistance claim on direct appeal)
State v. Clay, 824 N.W.2d 488 (Iowa 2012) (ineffective assistance of counsel reviewed de novo)
State v. Straw, 709 N.W.2d 128 (Iowa 2006) (standards for ineffective assistance claims and need for postconviction records)
State v. Finney, 834 N.W.2d 46 (Iowa 2013) (factual-basis proof different from trial-level proof; entire plea record may be examined)
State v. Philo, 697 N.W.2d 481 (Iowa 2005) (defendant’s on-the-record admission can suffice for factual basis)
State v. Fisher, 877 N.W.2d 676 (Iowa 2016) (defendant must be informed of mandatory minimum and maximum punishment and surcharges under rule 2.8)
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (absence of factual basis and counsel allowing plea constitutes breach and presumption of prejudice)
State v. Tate, 710 N.W.2d 237 (Iowa 2006) (prejudice in plea context requires reasonable probability defendant would have insisted on trial)
State v. Harrison, 468 N.W.2d 215 (Iowa 1991) (concurrent sentences and effect on discharge)
State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (importance of record evidence about counsel’s advice for prejudice analysis)