State of Iowa v. Mikeal Ivan Grim, 15-0807

Background

Victim Roger James went to Grim’s trailer to retrieve an item; a dispute with Grim’s wife occurred earlier but was later recanted.
Around 12:30 a.m. Grim entered James’s camper and physically assaulted James; another occupant, Kevin Wolfe, was injured trying to intervene; James suffered significant injuries and bleeding.
Grim was charged with first-degree burglary and assault causing bodily injury; he pled guilty pursuant to a plea agreement to third-degree burglary and assault causing bodily injury.
During the plea colloquy Grim expressly denied having intent to commit an assault or theft when entering the trailer; the State did not challenge that denial and the court accepted the plea.
Grim later appealed alleging ineffective assistance of counsel for allowing the guilty plea absent a factual basis (burglary) and for failing to challenge inadequacies in the plea colloquy (both counts).
The district court sentenced Grim to concurrent terms; on appeal the court reviewed whether the record supplied a factual basis for the burglary plea and whether the colloquy adequately informed Grim of sentencing consequences for the assault plea.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether record supplied factual basis for guilty plea to 3rd‑degree burglary	State relied on minutes and circumstances to support intent element	Grim argued he denied intent at plea colloquy and intent was to "talk," so no factual basis for burglary	Vacated burglary conviction; counsel ineffective for permitting plea without factual basis; remand for State to establish factual basis or vacate charge
Whether plea colloquy adequately advised Grim of mandatory minimum for assault causing bodily injury	Court failed to state the minimum sentence as required by rule	Grim argued plea was not knowing and voluntary for lack of advisement	Court found omission but no prejudice shown; conviction for assault affirmed

Key Cases Cited

State v. Ortiz, 789 N.W.2d 761 (Iowa 2010) (factual-basis requirement and counsel’s duty when defendant pleads guilty)
State v. Straw, 709 N.W.2d 128 (Iowa 2006) (preservation and disposition of ineffective-assistance claims on direct appeal)
Ledezma v. State, 626 N.W.2d 134 (Iowa 2001) (Strickland standard applied in Iowa)
Ennenga v. State, 812 N.W.2d 696 (Iowa 2012) (burden to prove ineffective assistance by preponderance)
Rhoades v. State, 848 N.W.2d 22 (Iowa 2014) (defendant must acknowledge facts consistent with elements of the crime during plea)
State v. Schminkey, 597 N.W.2d 785 (Iowa Ct. App. 1999) (remand to allow State to establish factual basis when possible)
State v. Gines, 844 N.W.2d 437 (Iowa 2014) (remedies when plea vacated and State’s options thereafter)
State v. Perkins, 875 N.W.2d 190 (Iowa Ct. App. 2015) (district court cannot rely on minutes to establish a factual basis where defendant affirmatively denied an element)
State v. Myers, 653 N.W.2d 574 (Iowa 2002) (substantial compliance standard for plea advisements)
State v. Kress, 636 N.W.2d 12 (Iowa 2001) (defendant must be informed and understand plea elements and consequences)
State v. Smith, 300 N.W.2d 90 (Iowa 1981) (understanding nature of charge may be apparent from circumstances; misleading advice defeats understanding)
State v. Loye, 670 N.W.2d 141 (Iowa 2003) (interpretation of substantial compliance and plea advisement requirements)
State v. Sinclair, 622 N.W.2d 772 (Iowa Ct. App. 2001) (intent usually proved circumstantially and inferred from surrounding facts)