State of Iowa v. Randy Lee Barnes Jr., 16-0629

Background

On Nov. 6, 2015, sheriff found Randy Barnes driving a 1991 Chevy reported stolen; Barnes fled, leading to a high-speed multi-jurisdictional pursuit and eventual surrender after tire-deflation devices were effective.
Barnes was charged with second-degree theft by exercising control over stolen property (Iowa Code §714.1(4)/714.2) and felony eluding while participating in a felony (Iowa Code §321.279(3)), each alleged with habitual-offender enhancements based on two prior felonies.
At plea-colloquy the court misstated the maximum exposure if found a habitual offender (advising 5 + 5 years with 3-year mandatory minima instead of correctly describing two 15-year terms, i.e., up to 30 years consecutive); Barnes rejected the State’s plea offer.
A jury convicted Barnes on both counts; he stipulated to two prior felonies; sentencing court imposed consecutive fifteen-year terms (total 30 years) but did not state reasons for consecutive service.
Barnes appealed, arguing insufficient evidence on theft/participation for felony eluding, improper jury instructions (definition of “stolen” and lesser-included offense), that a taker cannot be convicted of possession, ineffective assistance re: counsel’s failure to correct the court’s misstatement about maximum sentences, and inadequate reasons for consecutive sentences.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for theft and felony eluding	State: evidence supports that Barnes knowingly exercised control over stolen truck and fled while participating in that offense	Barnes: theft/possession not continuing; theft completed before eluding (Philo); taker cannot be convicted of possession	Convictions upheld — jury could find Barnes knowingly possessed stolen property and fled while participating in that offense; Philo distinguishable; Hearn and record support conviction
Jury instruction on definition of “stolen”	State: given instructions sufficiently informed jury to find control of property not owned/authorized	Barnes: court should have defined “stolen” explicitly	No reversible error — instructions read as a whole were adequate
Lesser-included offense (operating without owner’s consent)	State: not a lesser-included offense of theft-by-control	Barnes: court should have instructed on the lesser offense	Not a lesser-included offense — statutory elements differ; no instruction required
Advice re: sentencing exposure / ineffective assistance	State: plea rejection and stipulation stand absent proof counsel misadvised; remand appropriate to resolve voluntariness	Barnes: court misstated max exposure; counsel should have corrected; plea rejection and stipulation may have been involuntary	Record shows the court misstated the maximum; record inadequate to resolve whether counsel breached duty or prejudice occurred — remand for evidentiary hearing on voluntariness of plea rejection and stipulation; convictions conditionally affirmed but sentences vacated and remanded for resentencing with explicit reasons for consecutive terms

Key Cases Cited

State v. Philo, 697 N.W.2d 481 (Iowa 2005) (held theft-by-taking may be complete before subsequent eluding; relevant to participation timing)
State v. Hearn, 797 N.W.2d 577 (Iowa 2011) (interprets participation/pursuit concept; pursuit need not be continuous from crime scene)
State v. Washington, 356 N.W.2d 192 (Iowa 1984) (discusses relationship between stealing and exercising control over stolen property)
State v. Miller, 841 N.W.2d 583 (Iowa 2014) (sets test for lesser-included offenses — the impossibility test)
State v. Hill, 878 N.W.2d 269 (Iowa 2016) (requires sentencing court to state reasons for imposing consecutive sentences)