State of Iowa v. Walter Scott Sutton, 2014 Iowa App. LEXIS 1266

Background

Police responded after a microwave was thrown from an apartment building; a witness identified Walter Sutton, said he had a bottle and drank while descending stairs.
Officer detected a strong odor of alcohol from Sutton, arrested him for public intoxication; two hydrocodone pills later found in his pocket.
Sutton signed a written guilty plea to public intoxication (aggravated misdemeanor, third-or-subsequent) admitting he was in a public area and "was intoxicated" and acknowledging the court could consult minutes and reports for a factual basis.
The court accepted the written plea (Sutton waived presence), ordered a PSI, and later imposed a two-year suspended sentence with restitution and fees.
On appeal Sutton argued his plea was invalid because (1) the record lacked a factual basis showing intoxication from alcohol (not drugs), and (2) the court failed to ensure he subjectively understood the alcohol-only element; he also asserted ineffective assistance for counsel’s failure to move in arrest of judgment.
The court affirmed, finding an adequate objective factual basis in the minutes and reports and that the written plea and record showed substantial compliance with Rule 2.8(2)(b) as to Sutton’s understanding of the nature of the charge.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether written plea lacked factual basis for alcohol-based public intoxication	Sutton: written admission didn’t show intoxication was from alcohol (could be drugs/combination)	State: minutes, reports, and plea established objective facts (witness saw him drinking from a bottle; officer smelled alcohol; highly intoxicated)	Court held record (minutes, plea, PSI) provided an objective factual basis; no ineffective assistance for failing to move in arrest of judgment
Whether plea was involuntary because defendant did not subjectively know intoxication required alcohol consumption	Sutton: court never established he subjectively understood intoxication meant alcohol only	State: written plea, PSI showing drinking, prior convictions, and waiver of presence demonstrate Sutton understood charge	Court held substantial compliance with Rule 2.8(2)(b); written plea plus record satisfied requirement that Sutton understood the nature of the charge
Whether written plea can substitute for on-the-record colloquy in serious/aggravated misdemeanor	Sutton: (implicit) written plea insufficient without some in-court colloquy; dissent argued Meron requires some personal colloquy to test subjective understanding	State: Rule permits waiver of in-person colloquy; written plea may suffice if it substantially complies and court exercises discretion	Majority: court may waive in-person colloquy for serious/aggravated misdemeanors when written plea is adequate and defendant approves; dissent would preserve voluntariness issue for PCR
Whether counsel was ineffective for not filing motion in arrest of judgment	Sutton: counsel breached duty by not challenging factual basis and voluntariness	State: no breach because factual basis existed and plea was voluntary; no prejudice shown	Court held counsel did not breach an essential duty and Sutton failed Strickland burden

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard requires deficient performance and prejudice)
State v. Finney, 834 N.W.2d 46 (Iowa 2013) (distinguishing objective factual-basis challenges from subjective voluntariness inquiries)
State v. Meron, 675 N.W.2d 537 (Iowa 2004) (written plea may waive in-court colloquy in misdemeanors but court must ensure plea is voluntary and informed)
State v. Kirchoff, 452 N.W.2d 801 (Iowa 1990) (approved written guilty plea supplemented by in-court colloquy for misdemeanors)
State v. Barnes, 652 N.W.2d 466 (Iowa 2002) (clarified that written pleas can trigger waiver consequences and that waiver may be valid for misdemeanors)
State v. Ortiz, 789 N.W.2d 761 (Iowa 2010) (sources for factual basis: defendant inquiry, prosecutor inquiry, PSI, minutes)
State v. Utter, 803 N.W.2d 647 (Iowa 2011) (standards for reviewing adequacy of record to address plea challenges)
Iowa v. Tovar, 541 U.S. 77 (2004) (no fixed script required for constitutional waiver-of-rights colloquy)