Opinion
No. 2-041 / 01-1261.
Filed May 15, 2002.
Appeal from the District Court for Clinton County, DAVID H. SIVRIGHT, Jr., Judge.
Jacobsen appeals his criminal conviction, contending he received ineffective assistance of counsel. AFFIRMED.
Stephen Swift, of Klinger, Robinson Ford, Cedar Rapids, for appellant.
Thomas J. Miller, Attorney General, Linda Hines, Assistant Attorney General, Michael E. Wolf, County Attorney, and Gary P. Strausser, Assistant County Attorney, for appellee-State.
Considered by SACKETT, C.J., and ZIMMER and VAITHESWARAN, JJ.
David E. Jacobsen pled guilty to lascivious acts with a child, in violation of Iowa Code section 709.8. On appeal, he contends his trial counsel rendered ineffective assistance when he failed to challenge the factual basis for his plea. He also contends counsel did not adequately investigate his case and failed to file a motion to suppress. We preserve for postconviction relief proceedings Jacobsen's claim that his attorney was ineffective in failing to challenge the factual basis for the plea. See State v. Shortridge, 589 N.W.2d 76, 84 (Iowa Ct. App. 1998) (preservation warranted to allow trial counsel an opportunity to explain his decisions). The remaining two ineffective assistance of counsel claims normally would not survive the entry of a guilty plea and would be deemed waived. See Speed v. State, 616 N.W. 158, 159 (Iowa 2000). However, this rule presupposes the entry of a valid guilty plea. Id. (noting district court's compliance with rule 2.8(2)(b); accord State v. La Rue, 619 N.W.2d 395, 398 (Iowa 2000) ("[f]ollowing a valid guilty plea only those challenges that are fundamental to the plea itself still remain available to the defendant") (emphasis added). As the validity of the plea is at issue here, we believe the waiver rule is inapplicable. Accordingly, we also preserve the remaining two claims for postconviction relief.
AFFIRMED.