Opinion
No. 3-902 / 03-0642
Filed February 11, 2004
Appeal from the Iowa District Court for Scott County, Douglas McDonald, District Associate Judge.
Johnny Readus appeals from his convictions, following a guilty plea, for domestic assault and fourth-degree criminal mischief. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Tricia Johnston, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, William Davis, County Attorney, and Robert Bradfield, Assistant County Attorney, for appellee.
Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.
Johnny Readus appeals from his convictions, following a guilty plea, for domestic assault and fourth-degree criminal mischief. He contends trial counsel was ineffective in allowing the plea despite the absence of a factual basis for the criminal mischief charge and despite the court's failure to inform him regarding the nature of the charges. We review claims of ineffective assistance de novo. State v. Keene, 630 N.W.2d 579, 581 (Iowa 2001).
We reject both claims. Fourth degree criminal mischief occurs when the property damage exceeds $200 but is less than $500. See Iowa Code § 716.6 (2003). Attached to the complaint in this case is a sworn affidavit in which the investigating officer affirmed the estimated cost to repair the damaged window was between $200 and $500. We conclude this satisfies the factual basis requirement for that element. See State v. Myers, 653 N.W.2d 574, 579 (Iowa 2002) (listing portions of the record which may be used to establish a factual basis). Furthermore, the two charges are specifically listed on the Consent to Waive Presence, the Memorandum of Plea Agreement, and the Plea agreement documents, all of which were signed by Readus. In addition, the Consent to Waive Presence states that Readus has read and acknowledged the Trial Information and Minutes of Testimony. We conclude this constitutes substantial compliance with the requirement that the court ensure the defendant understands the nature of the charges. See Iowa R. Crim. P. 2.8(2)( b)(1); State v. Kirchoff, 452 N.W.2d 801, 804 (Iowa 1990) (requiring substantial compliance with the rule).