State of Iowa v. Quinten Brice McMurry, 16-1722

Background

In Jan 2016 McMurry pleaded guilty to child endangerment; the court deferred judgment and placed him on probation.
In June 2016 he was charged with false report of an incendiary device, threats, and harassment; harassment was dismissed and McMurry entered an Alford plea to false report.
He stipulated that the false-report conviction violated his earlier probation.
On Oct 3, 2016 the court sentenced him on both matters: suspended prison terms (5 years and 2 years indeterminate), two years' probation, fines, restitution, DNA, counseling, and ordered attendance at the Fort Des Moines residential program; counts II and III were dismissed.
McMurry moved to remove the residential-program requirement (citing a psychiatrist's letter saying he could not maintain full-time work); the court denied the motion.
On appeal he challenged (1) ineffective assistance of plea counsel for the child-endangerment plea (lack of factual basis), (2) the residential-program probation condition, (3) assessment of court costs for dismissed counts, and (4) finding as to ability to pay defense fees.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea counsel was ineffective because child-endangerment plea lacked factual basis	McMurry: plea lacked objective factual basis, thus counsel ineffective	State: plea and record (written admission, police reports, child text, observed injuries) supply factual basis	Court: No ineffectiveness — record contains sufficient facts supporting the offense
Whether ordering residential correctional facility program was an abuse of discretion	McMurry: psychiatrist’s letter shows he cannot work full time and thus is unqualified for the program	State/Court: court may impose reasonable probation conditions; court said it would delete the provision if he was unqualified	Court: No abuse of discretion; letter did not establish inability to participate; court’s reservation adequate
Whether assessed court costs improperly include costs attributable to dismissed counts	McMurry: costs tied to dismissed counts are unauthorized and sentence is illegal	State: costs were clearly attributable to the convicted charge and would have been incurred regardless	Court: Costs properly assessed as attributable to convicted counts; no error
Whether court erred in statement about defendant's ability to pay attorney fees	McMurry: court’s finding that he could pay is either final and erroneous or premature	State/Court: statement was either nothing or preliminary; final restitution plan not yet set and challenge would be via statutory petition	Court: Nonissue — no reversible error

Key Cases Cited

State v. Finney, 834 N.W.2d 46 (Iowa 2013) (counsel must ensure factual basis for guilty pleas; record must show facts supporting elements)
State v. Ortiz, 789 N.W.2d 761 (Iowa 2010) (record must disclose facts satisfying offense elements though not full trial evidence)
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (standard of review for ineffective-assistance claims)
State v. Anspach, 627 N.W.2d 227 (Iowa 2001) (definition of "substantial risk" in child endangerment context)
Rhoades v. State, 848 N.W.2d 22 (Iowa 2014) (defendant may acknowledge facts consistent with crime elements)
State v. Valin, 724 N.W.2d 440 (Iowa 2006) (trial court has broad discretion on probation conditions; review for abuse of discretion)
State v. Petrie, 478 N.W.2d 620 (Iowa 1991) (restitution/costs recoverable only for counts resulting in conviction; costs attributable to dismissed counts are not recoverable)
State v. Watson, 795 N.W.2d 94 (Iowa Ct. App. 2011) (criminal restitution is statutory; restitution includes court costs)
State v. Jackson, 601 N.W.2d 354 (Iowa 1999) (court need not consider defendant’s ability to pay until restitution plan is completed)
State v. Johnson, 887 N.W.2d 178 (Iowa Ct. App. 2016) (discussion of apportionment of costs and when costs are clearly attributable to convicted counts)