State of Iowa v. Theodore Ray Bascom
15-2173
| Iowa Ct. App. | May 3, 2017Background
- Theodore Bascom pled guilty to operating a motor vehicle while intoxicated (OWI), third offense, under a plea agreement that dismissed a habitual-offender enhancement.
- The district court sentenced Bascom and imposed a $3,125 fine “plus the appropriate surcharge.”
- At the plea hearing, Bascom was informed of his right to file a motion in arrest of judgment but did not file one.
- On appeal Bascom argued the plea was deficient because he was not informed of applicable surcharges and possible immigration consequences at the time of the plea.
- He alternatively argued his trial counsel was ineffective for failing to raise these errors and for not filing a motion in arrest of judgment.
- The State moved to affirm; the court treated Bascom’s ineffective-assistance claims as appropriate for postconviction-relief development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bascom may directly appeal plea adequacy | The State: Bascom waived direct challenge by not filing a motion in arrest of judgment | Bascom: Plea was deficient because he wasn’t told about surcharges or immigration effects | Waived — failure to file motion in arrest of judgment forecloses direct appeal; conviction affirmed |
| Whether counsel was ineffective for not objecting at plea | The State: Bascom failed to show he would not have pled guilty, so no prejudice under Strickland | Bascom: Counsel erred and prejudice cannot be shown on the existing record without relief proceedings | Ineffective-assistance claim preserved for postconviction relief so Bascom can develop record to prove prejudice |
| Whether Hill v. Lockhart controls prejudice showing on collateral review | The State relied on Hill to argue prejudice must be shown now | Bascom contended he lacked opportunity to develop prejudice evidence on direct appeal | Court found Hill inapposite here because Bascom has not had opportunity to develop a record; postconviction proceedings are appropriate |
| Remedy and disposition | State: Affirmation appropriate | Bascom: Requests relief or reversal based on plea defects | Affirmed conviction and sentence; preserve ineffective-assistance claims for postconviction relief |
Key Cases Cited
- State v. Straw, 709 N.W.2d 128 (Iowa 2006) (claims of ineffective assistance tied to guilty pleas normally require postconviction proceedings to develop prejudice)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged test for ineffective assistance of counsel requiring performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for ineffective assistance in the plea context; reliance limited where record undeveloped)
- State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (postconviction relief is the proper vehicle to develop ineffective-assistance claims arising from plea proceedings)