State v. Speed

573 N.W.2d 594, 1998 Iowa Sup. LEXIS 11, 1998 WL 17969
CourtSupreme Court of Iowa
DecidedJanuary 21, 1998
Docket97-256
StatusPublished
Cited by46 cases

This text of 573 N.W.2d 594 (State v. Speed) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Speed, 573 N.W.2d 594, 1998 Iowa Sup. LEXIS 11, 1998 WL 17969 (iowa 1998).

Opinion

TERNUS, Justice.

Defendant, Antonio Speed, appeals the district court’s refusal to allow him to withdraw his guilty plea. We affirm.

I. Background Facts and Proceedings.

On May 26, 1996, the State filed a trial information charging Speed with murder in the first degree, see Iowa Code §§ 707.1, .2(1), (2) (1995), attempted murder, see id. § 707.11, and terrorism, see id. § 708.6. Speed pleaded not guilty to these charges, but eventually entered a guilty plea to a reduced charge of going armed with intent, see id. § 708.8, pursuant to a plea agreement with the county attorney. The district court conducted an extensive plea colloquy with Speed, and specifically found that Speed was voluntarily pleading guilty. The district court also ascertained that each of the guilty plea requirements listed in Iowa Rule of Criminal Procedure 8(2)(b) were met. After accepting Speed’s guilty plea, the court informed him of the proper method and time to challenge his plea.

Thereafter, prior to entry of judgment, Speed filed a motion in arrest of judgment. See Iowa R.Crim. P. 23(3). He requested permission to withdraw his guilty plea because (1) newly-discovered evidence, if known before his plea, would have affected his decision to plead guilty, and (2) alleged pressure exerted by his attorney made his plea involuntary. The court denied Speed’s motion and Speed brought this appeal.

On appeal Speed claims the trial court abused its discretion in refusing to allow him to withdraw his plea. He also contends the court applied an erroneous standard in determining whether he should be allowed to withdraw his guilty plea. In addition, Speed claims he was denied his constitutional right to the effective assistance of counsel.

*596 II. Scope of Review-Withdrawal of Guilty Plea.

We review a trial court’s decision to grant or deny a request to withdraw a guilty plea for abuse of discretion. See State v. Blum, 560 N.W.2d 7, 9 (Iowa 1997). Abuse of discretion exists only where a defendant shows the trial court’s sound discretion was “exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” Id. (determining whether a plea was entered into voluntarily). The refusal to allow withdrawal will be upheld “where ‘a defendant, with full knowledge of the charge against him and of his rights and the consequences of a plea of guilty, enters such a plea understandably and without fear or persuasion.’” State v. Ramirez, 400 N.W.2d 586, 588 (Iowa 1987) (quoting State v. Weckman, 180 N.W.2d 434, 436 (Iowa 1970)).

III. Standard For Withdrawal of Guilty Plea.

Speed argues the trial court used an inappropriate standard to determine if he should be allowed to withdraw his guilty plea. He notes the district court applied some of the. factors enunciated in United States v. Abdullah, 947 F.2d 306, 311 (8th Cir.1991), but did not apply, all four factors set forth in that ease..

This court has refused to adopt the Abdullah■ factors as the standard for withdrawal of guilty pleas in Iowa. See State v. Mattly, 513 N.W.2d 739, 741 (Iowa 1994) (“We are not inclined to impose the federal guidelines on Iowa courts and refuse to do so.”). If a trial court is not required to apply any of the federal factors, then it need not follow all of them. The trial court must merely make an adequate analysis to ensure the plea was voluntary and knowing, subject to an abuse of discretion review. See id. Thus, we turn now to án examination of the district court’s exercise of its discretion in denying Speed’s request to withdraw his guilty plea.

IV. Effect of New Evidence on Speed’s Request to Withdraw His Guilty Plea.

Speed argues he would not have pleaded guilty had he known of allegedly exculpatory evidence discovered after he entered his guilty plea. We have previously stated “it is well settled that a plea of guilty “waives all defenses or objections which are not intrinsic to the plea itself.’” State v. Alexander, 463 N.W.2d 421, 422 (Iowa 1990) (quoting State v. Morehouse, 316 N.W.2d 884, 885 (Iowa 1982)). Thus, new evidence, unless it is. “intrinsic to the plea itself,” does not provide grounds to withdraw a guilty plea.

Speed asserts new exculpatory evidence bears upon a defendant’s plea because the amount of evidence the State has against a defendant affects the defendant’s decision to plead guilty. This argument fails to distinguish between a defendant’s tactical rationale for pleading guilty and a defendant’s understanding of what a plea means and his or her choice to voluntarily enter the plea. Any subsequently-discovered deficiency in the State’s case that affects a defendant’s assessment of the evidence against him, but not the knowing and voluntary nature of the plea, is not intrinsic to the plea itself.

For example, in Alexander, we held that a defendant who pleads guilty may not move for a new trial under Iowa Rule of Criminal Procedure 23(2)(a)' on grounds of new evidence, because “Motions of newly discovered evidence simply have no bearing on a knowing and voluntary admission of guilt.” Id. at 423. Similarly, in Mattly, we held the trial court did not abuse its discretion in refusing to allow the defendant to withdraw her guilty plea where she had not realized a potential defense until after she entered her plea. 513 N.W.2d at 741. We held the defendant’s late awareness of flaws in the state’s case was not a basis to allow withdrawal of her otherwise valid guilty plea. Id.

Mattly and Alexander are dispositive here. Speed’s claim of newly-discovered evidence is not a basis for withdrawal of his guilty plea.

V.Voluntariness of Speed’s Guilty Plea.

Speed argues his plea was involuntary because he felt threatened and coerced by his attorney, who allegedly told him not to upset the trial judge by pleading not guilty. *597 “Fundamental due process requires a guilty plea be voluntary and intelligent.” State v. Sayre, 566 N.W.2d 193, 195 (Iowa 1997).

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Bluebook (online)
573 N.W.2d 594, 1998 Iowa Sup. LEXIS 11, 1998 WL 17969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-speed-iowa-1998.