State of Iowa v. Tommy Gines, Jr., 2014 Iowa Sup. LEXIS 28

On May 6, 2011, Tommy Gines Jr. fired multiple shots from a pistol into the air in the Courtside Bar parking lot in Polk County with people nearby.
The State amended charges to five counts of intimidation with a dangerous weapon with intent (Iowa Code § 708.6) and one count of felon in possession of a firearm; habitual-offender enhancements were alleged.
Gines pleaded guilty pursuant to a plea agreement to three counts of intimidation with a dangerous weapon with intent and one count of felon in possession; two intimidation counts were dismissed and enhancements were not applied.
At the plea colloquy Gines admitted firing at least three shots, that people nearby were put in reasonable apprehension, and that his intent was to injure or provoke fear or anger, but did not concede each shot was a separate, distinct act.
The district court sentenced Gines to consecutive terms (10 years each for the three intimidation counts and 5 years for felon-in-possession). The court of appeals affirmed; the Iowa Supreme Court granted further review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective in allowing guilty pleas to three separate counts of intimidation with a dangerous weapon with intent	State contended factual basis existed for three counts because Gines fired multiple shots and admitted intent and apprehension	Gines argued there was no factual basis that each shot constituted a separate and distinct act; counsel should not have permitted three guilty pleas	Counsel was ineffective because the record lacked facts showing three separate, distinct acts; convictions on the three counts vacated and remanded to allow State to establish a factual basis
Whether the district court erred by imposing three consecutive sentences for the intimidation counts	State argued consecutive sentences were permitted if multiple distinct offenses proven	Gines argued sentences were improper because the acts were not shown to be separate offenses	Court did not reach this issue on the merits because ineffective-assistance ruling on the plea disposes of the appeal

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance of counsel test)
State v. Ross, 845 N.W.2d 692 (Iowa 2014) (factors to determine whether successive shots constitute separate acts)
State v. Clay, 824 N.W.2d 488 (Iowa 2012) (standard for reviewing ineffective-assistance claims)
State v. Schminkey, 597 N.W.2d 785 (Iowa 1999) (court may not accept guilty plea absent factual basis; counsel ineffective if allows plea without basis)
State v. Allen, 708 N.W.2d 361 (Iowa 2006) (when plea bargain fails, procedure to restore State to pre-plea position)