Opinion
No. 2-044 / 01-1397.
Filed March 13, 2002.
Appeal from the Iowa District Court for Scott County, J. HOBART DARBYSHIRE, MARK D. CLEVE, and MARK J. SMITH, Judges.
Brent Caes appeals from the judgment and sentence entered on his guilty pleas to two counts of forgery. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and David Adams, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Martha Boesen, Assistant Attorney General, William E. Davis, County Attorney, and Kelly Cunningham, Assistant County Attorney, for appellee.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Brent Caes appeals from the judgment and sentence entered on his guilty pleas to two counts of forgery in violation of Iowa Code section 715A.2(1) (1999). Caes claims his trial counsel was ineffective in allowing him to plead guilty, and in failing to subsequently challenge the plea, because there was no factual basis for the forgery charge. Specifically, Caes asserts there is no factual basis for the forgery conviction because he "did not admit to [having] the specific intent to defraud."
Our standard for reviewing ineffective assistance of counsel claims is well settled and will not be repeated here. See State v. Brooks, 555 N.W.2d 446, 448 (Iowa 1996). Upon our de novo review of the record, we find trial counsel was not ineffective for allowing Caes to plead guilty or for failing to file a motion in arrest of judgment challenging the factual basis of his plea. In deciding whether a factual basis exists, we consider the entire record before the district court at the guilty plea hearing, including any statements made by the defendant, facts related by the prosecutor, the minutes of testimony, and the presentence report. State v. Schminkey, 597 N.W.2d 785, 788 (Iowa 1999). The record reflects that Caes found another person's checkbook and, knowing he didn't have the owner's permission to do so, used two checks for his own purposes. Intent to defraud may properly be inferred from circumstances, words, and actions shown in evidence. State v. Mathias, 216 N.W.2d 319, 321 (Iowa 1974). A reasonable person could infer an intent to defraud from Caes's act of signing another person's check with knowledge he lacked authority to do so. We therefore find trial counsel breached no duty in allowing Caes to plead guilty and in not making a subsequent challenge to that plea. See Brooks, 555 N.W.2d at 447 (counsel had no duty to object where factual basis found within the record). The district court decision is affirmed.
AFFIRMED.