State v. Straw

709 N.W.2d 128, 2006 Iowa Sup. LEXIS 15, 2006 WL 250323

• Court: Supreme Court of Iowa
• Decided: February 3, 2006
• Docket: 04-0952
• Status: Published

Opinions

STREIT, Justice.

Cary Lee Straw appeals from the judgments and sentences entered by the district court following his guilty pleas to possession of a controlled substance, third offense, and driving while barred. Straw claims the district court erred by not substantially complying with the requirements of Iowa Rule of Criminal Procedure 2.8(2)(6). He also claims his counsel rendered ineffective assistance by failing to file a motion in arrest of judgment after the district court did not inform him of the maximum punishment he could face by pleading guilty. The court of appeals affirmed the decision of the district court. Upon our review, we affirm the decision on different grounds and preserve the issue for postconviction relief proceedings.

I. Facts and Prior Proceedings

On a Tuesday afternoon in the fall of November 2003, Cary Lee Straw rolled through the town of Oelwein with a license plate that did not match his vehicle. A police officer stopped Straw to investigate the license plate and discovered Straw was driving while barred. The officer arrested him, searched him, and found a plastic bag containing marijuana and rolling papers in his pocket. The officer also noticed an open bottle of Jim Beam bourbon whiskey and an open bottle of vodka in the back seat. Straw was charged with possession of a controlled substance (third offense), driving while barred, and possession of drug paraphernalia. He was also cited for an open container violation and improper use of a vehicle registration.

Pursuant to a plea agreement, Straw pled guilty to possession of a controlled substance, third offense, and driving while barred. See Iowa Code §§ 124.401(5) (2003) (possession of a controlled substance, third offense, class “D” felony), 321.561 (driving while barred, aggravated misdemeanor). In exchange for his plea, the State dismissed the paraphernalia charge, as well as the improper use of registration and open container citations. The agreement also specified Straw would make his own recommendation for sentencing while the State would recommend concurrent sentences for both charges.¹

Before accepting the plea, the court spoke with Straw and discussed the elements of the charged offenses, the factual basis for those charges, the right to go to trial, rights pursuant to trial, and the fact that if he pled guilty he would be forfeiting those rights. The court did not discuss the maximum punishment he would face by pleading guilty. The court accepted Straw’s plea and found it “knowingly and voluntarily made” with a basis in fact. Straw never filed a motion in arrest of judgment to challenge the validity of his plea.

Weeks later, the sentencing court imposed sentences of up to five years for the possession of marijuana charge and up to two years for the driving-while-barred charge. The court ordered the sentences consecutive to each other and consecutive to a separate, unrelated conviction.

Straw appealed, contending the district court erred by not properly informing him of the potential punishments he faced for pleading guilty to these charges, and erred by not explaining these sentences could be ordered to run consecutively. Straw claimed this rendered his plea unknowing and involuntary. Straw asserted his claim should be considered directly on appeal because the district court did not adequately advise him of his right to file a motion in arrest of judgment. In the alternative, Straw claimed his counsel was ineffective for failing to ensure he was fully informed at the plea proceeding and for failing to file a motion in arrest of judgment.

We transferred the case to the court of appeals. The court of appeals found the district court substantially complied with its duty to inform Straw of his right to file a motion in arrest of judgment and determined Straw did not preserve the error for direct appeal because he did not file such a motion. It then analyzed whether Straw’s counsel was ineffective. It determined Straw’s counsel violated an essential duty by no.t filing a motion in arrest of judgment, but ultimately affirmed the district court because it found Straw was not prejudiced by the error because he had received a favorable plea and the evidence against him was overwhelming. We granted further review.

II. Error Preservation

The State contends Straw may not directly challenge his guilty plea on appeal because he did not file a motion in arrest of judgment contesting the legality of his plea. See Iowa R.Crim. P. 2.24(3) (“A defendant’s failure to challenge the adequacy of a guilty plea proceeding by motion in arrest of judgment shall preclude the defendant’s right to assert such challenge on appeal.”); see State v. Loye, 670 N.W.2d 141, 149 (Iowa 2003).² Straw contends this requirement does not apply because the trial court did not adequately advise him that failure to file a motion in arrest of judgment would preclude him from later raising issues regarding his guilty plea on appeal. See Iowa R.Crim. P. 2.8(2)(d) (“The court shall inform the defendant that any challenges to a plea of guilty based on alleged defects in the plea proceedings must be raised in a motion in arrest of judgment and that failure to so raise such challenges shall preclude the right to assert them on appeal.”); Loye, 670 N.W.2d at 149 (stating court’s failure to comply with rule 2.8(2)(d) operates to reinstate the defendant’s right to appeal the legality of his plea).

Following Straw’s guilty plea, the district court told Straw:

Now, if you have — wish to appeal or challenge any of the proceedings that have taken place in the courtroom today, you have to file a paper that we call a Motion in Arrest of Judgment. That is simply a paper that basically says I didn’t follow all of the correct procedures in taking your guilty plea and it gives me a chance to go back and correct that. Mr. Harden can explain that to you. But the important thing is that that paper must be filed not less than five days before sentencing. So, when we come back for sentencing, if no such motion has been filed, then we will proceed to sentencing, and we will assume that all the procedures we followed up to this point are correct. Do you understand that, sir?

Straw responded, “Yes, Your Honor.”

We employ a substantial compliance standard in determining whether a trial court has discharged its duty under rule 2.8(2)(d). Id. at 150. The court must ensure the defendant understands the necessity of filing a motion to challenge a guilty plea and the consequences of failing to do so. Id.

The court’s comments were sufficient to discharge its duty under rule 2.8(2)(d). Instead of quoting rule 2.8(2)(d) verbatim, the court performed its duty commendably by using plain English to explain the motion in arrest of judgment. The court’s statement plainly indicated that if Straw wanted to appeal or challenge the guilty plea, he had to file a motion in arrest of judgment. It also indicated this motion had to be filed not less than five days before sentencing. In whole, it conveyed the pertinent information and substantially complied with the requirements of rule 2.8(2)(d). Therefore, Straw’s failure to move in arrest of judgment bars a direct appeal of his conviction. Iowa R.Crim. P. 2.24(3)(a); State v. Brooks, 555 N.W.2d 446, 448 (Iowa 1996). However, this failure does not bar a challenge to a guilty plea if the failure to file a motion in arrest of judgment resulted from ineffective assistance of counsel. Brooks, 555 N.W.2d at 448.

III. Merits and Scope of Review

An ineffeetive-assistance-of-eoun-sel claim in a criminal case “need not be raised on direct appeal from the criminal proceedings in order to preserve the claim for postconviction relief purposes.” Iowa Code § 814.7(1) (2005). The defendant may raise the ineffective assistance claim on direct appeal if he or she has reasonable grounds to believe the record is adequate to address the claim on direct appeal. Id. § 814.7(2). If an ineffective-assistance-of-counsel claim is raised on direct appeal from the criminal proceedings, we may decide the record is adequate to decide the claim or may choose to preserve the claim for postconviction proceedings. Id. § 814.7(3). Only in rare cases will the trial record alone be sufficient to resolve the claim on direct appeal. State v. Atley, 564 N.W.2d 817, 833 (Iowa 1997) (stating claims of ineffective assistance of counsel raised on direct appeal are ordinarily reserved for postconviction proceedings to allow full development of the facts surrounding counsel’s conduct); State v. Coil, 264 N.W.2d 293, 296 (Iowa 1978). We review ineffective-assistance-of-counsel claims de novo. State v. Button, 622 N.W.2d 480, 483 (Iowa 2001).

A. Ineffective Assistance

To establish his claim of ineffective assistance of counsel, Straw must demonstrate (1) his trial counsel failed to perform an essential duty, and (2) this failure resulted in prejudice. Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674, 693 (1984); State v. Dalton, 674 N.W.2d 111, 119 (Iowa 2004). Straw must prove both elements by a preponderance of the evidence. State v. Gant, 597 N.W.2d 501, 504 (Iowa 1999). As discussed in the following analysis, the record does not adequately present the issues in this case and the case is more properly addressed in a postcon-viction relief hearing. See State v. Ueding, 400 N.W.2d 550, 553 (Iowa 1987).

1. Failure to Perform an Essential Duty

Under the first prong of this test, counsel’s performance is measured “against the standard of a reasonably competent practitioner with the presumption that the attorney performed his duties in a competent manner.” Dalton, 674 N.W.2d at 119. Straw claims his counsel violated an essential duty by failing to file a motion in arrest of judgment prior to sentencing. There is adequate evidence in the record to decide this issue on direct appeal.

Due process requires the defendant enter his guilty plea voluntarily and intelligently. State v. Philo, 697 N.W.2d 481, 488 (Iowa 2005). “If a plea is not intelligently and voluntarily made, the failure by counsel to file a motion in arrest of judgment to challenge the plea constitutes a breach of an essential duty.” Id. In order to ensure a guilty plea is voluntarily and intelligently made, the court must articulate the consequences of the plea to the defendant. State v. Boone, 298 N.W.2d 335, 337 (Iowa 1980). Iowa Rule of Criminal Procedure 2.8(2)(6) provides the court with a blueprint for the guilty plea proceeding:

Before accepting a plea of guilty, the court must address the defendant personally in open court and inform the defendant of, and determine that the defendant understands, the following:

(1) The nature of the charge to which the plea is offered.

(2) The mandatory minimum punishment, if any, and the maximum possible punishment provided by the statute defining the offense to which the plea is offered.

(3) That a criminal conviction, deferred judgment, or deferred sentence may affect a defendant’s status under federal immigration laws.

(4) That the defendant has the right to be tried by a jury, and at trial has the right to assistance of counsel, the right to confront and cross-examine witnesses against the defendant, the right not to be compelled to incriminate oneself, and the right to present witnesses in the defendant’s own behalf and to have compulsory process in securing their attendance.

(5) That if the defendant pleads guilty there will not be a further trial of any kind, so that by pleading guilty the defendant waives the right to a trial.

Iowa R.Crim. P. 2.8(2)(6) (emphasis added). Substantial compliance with this rule is required. State v. Kirchoff, 452 N.W.2d 801, 804 (Iowa 1990).

The State concedes the district court did not substantially comply with rule 2.8(2)(6 )(2) when it omitted any mention of the punishment Straw could face by pleading guilty to the charges in this case. See, e.g., id. (holding substantial compliance is the measure for judging whether the requirements of rule 2.8(2)(6) have been met). When Straw’s counsel did not bring this matter to the court’s attention or file a motion in arrest of judgment, his counsel failed to perform an essential duty. See State v. Myers, 653 N.W.2d 574 (Iowa 2002) (finding counsel breached an essential duty by failing to raise court’s failure to inform the defendant of the right to compulsory process); State v. Kress, 636 N.W.2d 12 (Iowa 2001) (holding defense counsel’s failure to correct court’s misinformation concerning defendant’s potential sentence exposure, or to file motion in arrest of judgment raising the issue, placed counsel below range of normal competency).

2. Resulting Prejudice

Straw claims he suffered prejudice because, had he understood the sentences could be made consecutive,³ he would not have pled guilty. The fighting issue in this case is what standard should be applied to evaluate Straw’s claim under this prejudice element. Four cases guide our analysis.

In 1983, we reviewed Joseph Ross Meier’s appeal from the denial of his application seeking postconviction relief from his conviction pursuant to a guilty plea. Meier v. State, 337 N.W.2d 204, 205 (Iowa 1983). In the postconviction relief (PCR) hearing Meier established a record for our review. Id. At the PCR hearing, Meier described how his original counsel had told him that if he stood trial and was convicted, he would be given a twenty-five year sentence with a mandatory five-year sentence; however, if he pled guilty, he would get the twenty-five .years without the mandatory term. Id. He thought his counsel meant that if he accepted the bargain, he could be released in less than five years; however, if he did not accept the bargain and was eventually convicted, then he would be in prison at least five years before he would be eligible for any kind of release. Id. His original counsel substantiated his claim — “I am sure that I told Mr. Meier that if we stood trial and ... that sentencing provision were invoked, that he would serve five years and be eligible for parole at the expiration of five years?’ Id. Based on his counsel’s advice, Meier pled guilty and waived his right to trial. Id.

The PCR trial court found Meier’s original counsel misadvised him of the law. Id. However, because Meier “got what he bargained for; that is, a 25-year sentence without a mandatory minimum sentence,” the court concluded the record did not demonstrate his counsel was so “mistaken or careless in his advice to [Meier] to amount to ineffective assistance of counsel.” Id. at 205-06. Our court disagreed and reversed. Id. at 208. Noting the test in this context was for ineffective assistance of counsel, we determined Meier’s trial counsel gave erroneous advice regarding the law and Meier relied on this advice in waiving trial and pleading guilty. Id. at 206-08. When it came to the prejudice element, we did not focus on what sentence Meier received, but instead focused on what he relinquished. Id. at 208. We found a due process deprivation occurred when Meier was unable to make an intelligent and informed choice from among his alternate courses of action at the plea hearing and we would not speculate as to the outcome of the trial waived by the guilty plea. Id. We reversed and remanded so Meier could plead anew. Id.

In Meier, the dissent focused on whether Meier proved he was substantially prejudiced by his attorney’s misadviee. Id. The dissent noted the following evidence indicated there was no actual prejudice suffered by Meier: (1) there was “not even a hint of evidence that petitioner could have obtained a better result,” (2) his original attorney testified Meier had no chance to prevail in a jury trial on the issue of culpability, and (3) his original attorney thought the best deal was to take the plea bargain. Id. In the face of these three findings, the dissent found Meier failed to prove he suffered prejudice from his counsel’s misadviee. Id.

Two years after Meier, the United States Supreme Court discussed the prejudice element of an ineffective-assistance-of-counsel claim in the context of a guilty plea. Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 370, 88. L.Ed.2d 203, 210 (1985). In Hill v. Lockhart, the Court considered a prisoner’s petition for habeas corpus alleging his trial counsel was ineffective in failing to accurately inform him as to his eligibility for parole. Id. The district court denied habeas relief because neither state law nor federal law required that Hill be informed of his parole eligibility date prior to pleading guilty. Id. at 55, 106 S.Ct. at 368, 88 L.Ed.2d at 207-08. A divided Court of Appeals for the Eighth Circuit affirmed the district court, with the dissent arguing a hearing should have been held to determine whether Hill’s counsel wrongly advised him on his parole eligibility prior to the plea. Hill v. Lockhart, 731 F.2d 568, 573 (8th Cir.1984).

The Supreme Court affirmed the decision of the court of appeals, stating the prejudice element in a guilty plea case “focuses on whether counsel’s constitutionally ineffective performance affected the outcome of the plea process.” Hill, 474 U.S. at 59, 106 S.Ct. at 370, 88 L.Ed.2d. at 210. The Court stated: “in order to satisfy the ‘prejudice’ requirement, the defendant must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Id.

The Court described this test by explaining how, in many guilty plea cases, the prejudice inquiry would resemble the same inquiry as when the conviction was obtained through trial. Id. For example, when the alleged error of counsel is a failure to investigate potentially exculpatory evidence, the determination whether this failure prejudiced the defendant by causing him to enter into a plea agreement rather than go to trial will depend on whether it was likely the discovered evidence would have changed his counsel’s recommendation as to the plea. Id. “This assessment ... will depend in large part on a prediction whether the evidence likely would have changed the outcome of [the] trial.” Id. However, the Court did not reach the question whether erroneous advice by counsel as to parole eligibility would be constitutionally ineffective assistance of counsel because Hill “did not allege in his habeas petition that had counsel correctly informed him about his parole eligibility date ... he would have pleaded not guilty and insisted on going to trial.” Id. at 60, 106 S.Ct. at 371, 88 L.Ed.2d at 211. The Court noted he “alleged no special circumstances that might support the conclusion that he placed particular emphasis on his parole eligibility in deciding whether or not to plead guilty” and it therefore found Hill did not satisfy the second prong of the ineffective assistance test. Id.

After the Hill decision, we applied the “reasonable probability” standard to ineffective-assistance-of-counsel claims. See, e.g., State v. Hopkins, 576 N.W.2d 374, 378 (Iowa 1998) (evaluating prejudice in the context of a conviction by jury trial); Irving v. State, 533 N.W.2d 538, 541 (Iowa 1995) (evaluating prejudice in the context of a conviction by guilty plea).

In State v. Kress, we again discussed the prejudice element of an ineffective-assistance-of-counsel claim in the context of a guilty plea. In Kress, the trial court accepting the guilty plea misinformed the defendant that the sentencing court could waive a mandatory minimum sentencing requirement. 636 N.W.2d at 21-22. We began our ineffective-assistance-of-counsel analysis by applying the familiar two-step test. Id. at 20. We first determined the defendant’s trial counsel failed to perform an essential duty by not correcting the court’s misinformation or filing a motion in arrest of judgment. Id. at 22. We then turned to the second element, resulting prejudice. The following is our entire analysis of this element:

Turning to the prejudice element, we think the prejudice results from what Kress relinquished. [Meier, 337 N.W.2d at 208]. Kress “had an unqualified constitutional right to a trial on the issue of [her] guilt, which she [may have] abandoned on the strength of [the court’s misinformation].” Id. We do not speculate on the outcome of the trial waived by her guilty plea. Id. As mentioned, the remedy called for in these circumstances is to set aside the conviction and sentence and allow the defendant to plead anew.

Id. Rather than explicitly discussing the Hill reasonable probability analysis, we cited Meier and concluded there was resulting prejudice.

In State v. Myers, we again considered a direct appeal of an ineffective-assistance-of-counsel claim in the context of a guilty plea. 653 N.W.2d at 577. In this case, the defendant was not informed of the right to compulsory process during the plea colloquy. Id. The defendant claimed she received ineffective assistance of counsel when her counsel failed to file a motion in arrest of judgment after the court told her “you ... have the right to present any witnesses in your own defense” rather than explaining she could force the attendance of such witnesses, as required by rule 2.8(2)(& )(4) (compulsory process). Id. We determined the trial counsel’s failure to correct the judge or file a motion in arrest of judgment established the first prong of the test for ineffective assistance of counsel, but we found the second prong of the ineffective-assistance-of-counsel test to be “more problematic.” Id. at 578. We did not cite either Meier or Kress as authority for the prejudice element. Instead, we analyzed the prejudice element under the “reasonable probability” framework set forth in Hill. Id. After a thorough analysis under this standard, we concluded the defendant failed to prove, or even assert, there was “a reasonable probability that, ‘but for counsel’s error[], [s]he would not have pleaded guilty and would have insisted on going to trial.’ ” Id. (quoting Hill, 474 U.S. at 59, 106 S.Ct. at 370, 88 L.Ed.2d at 210). We stated the defendant’s right of compulsory process could not be claimed “in a yacuum,” and a conclusory claim that she was ready to insist on going to trial was not a sufficient assertion of prejudice. Id. at 578-79. We noted the defendant had not claimed there were any witnesses whose testimony was denied her because she could not force them to testify. Id. at 579.

The brevity of our analysis of the prejudice element in Kress has led some to characterize our holding as a per se rule of prejudice when the district court fails .to tell the defendant the maximum sentence on an ineffective-assistance-of-counsel claim. We reject this characterization, because Kress was an aberration which failed to consider the analysis set forth in Hill. We also refuse to adopt a per se rule- of prejudice because such a rale would force-us to accept conclusory claims of prejudice without the benefit of a true review of the circumstances surrounding the plea. Under the “reasonable probability” test, the defendant, who has already admitted to committing the crime, has the burden to prove he or she would not have pled guilty if the judge had personally addressed the maximum punishment for his or her crimes. On the other hand, if we adopted a per se rule, some defendants would grin like a Cheshire cat as we gave them a second bite at the apple — even though they committed the crime and actually knew the maximum length of punishment for the crime.⁴ Such a rule would undermine the court’s integrity and erode the public’s confidence in its criminal justice system. Though, on its face, it may appear easier to reverse the conviction and let Straw plead anew, the driving force behind our decision is the common-sense notion that a conviction will not be reversed unless the judicial misstep complained of prejudiced the defendant.

Our standard for the prejudice element in ineffective-assistance-of-counsel claims remains consistent — in order to satisfy the prejudice requirement, the defendant must show that there is a reasonable probability that, but for counsel’s errors, he or she would not have pleaded guilty and would have insisted on going to trial. Id. (quoting Hill, 474 U.S. at 59, 106 S.Ct. at 370, 88 L.Ed.2d at 210).

Under the “reasonable probability” standard, it is abundantly clear that most claims of ineffective assistance of counsel in the context of a guilty plea will require a record more substantial than the one now before us. Unlike our decision in Meier, there is nothing in this record to indicate whether or not Straw’s trial counsel told him about the possibility of consecutive sentences. Such evidence could be a significant part of our prejudice analysis.⁵ This case exemplifies why claims of ineffective assistance of counsel should normally be raised through an application for postconviction relief. In only rare cases will the defendant be able to muster enough evidence to prove prejudice without a postconviction relief hearing. Atley, 564 N.W.2d at 833; Coil, 264 N.W.2d at 296.

IV. Conclusion

Once a defendant waives his or her right to a trial by pleading guilty and then does not file a motion in arrest of judgment prior to sentencing, “the State is entitled to expect finality in the conviction.” State v. Mann, 602 N.W.2d 785, 789 (Iowa 1999). “This is true because ‘[a] plea of guilty is more than a confession which admits that the accused did various acts; it is itself a conviction.’ ” State v. LaRue, 619 N.W.2d 395, 397 (Iowa 2000) (quoting Boykin v. Alabama, 395 U.S. 238, 242, 89 S.Ct. 1709, 1711, 23 L.Ed.2d 274, 279 (1969)). Nothing in the record before us indicates we should overturn Straw’s conviction. We affirm the decision of the court of appeals and uphold the conviction and sentence. Straw’s ineffective-assistance-of-counsel claim is preserved for postconviction relief proceedings.

AFFIRMED.

All justices concur except LAVORATO, C.J. and WIGGINS, J., who dissent.

1 . For the third-offense possession charge, the State recommended a five-year prison sentence, a fine of $750, and a 180-day license revocation along with other related court costs. For the driving-while-barred charge, the State recommended a concurrent two-year prison sentence and a $500 fine.

2 . Prior to the enactment of rule 2.24(3), a defendant could directly appeal his or her conviction based on a guilty plea. See State v. Fluhr, 287 N.W.2d 857, 860 (Iowa 1980) (reversing guilty plea conviction on direct appeal because the court did not substantially comply with procedural guidelines when accepting the guilty plea).

3 . The State claims Straw knew there was a possibility the sentences could be consecutive because the plea agreement recommended concurrent sentences. This argument is similar to the argument the State made in State v. White, 587 N.W.2d 240, 246 (Iowa 1998). In White, the defendant pled guilty to two counts of possession of methamphetamine with intent to deliver, but the district court failed to inform the defendant, prior to the acceptance of his guilty plea, that consecutive sentences could be imposed. 587 N.W.2d at 246. The State argued the district court satisfied rule 2.8(2)(⅛ ) by informing the defendant what the penalty was for each charge, because the defendant could "figure out by implication that the sentences could be ordered to be served consecutively.” Id. We rejected this argument because it left the defendant "partially informed, but uninformed of the true maximum possible punishment of twenty years imprisonment coming from consecutive sentences.” Id. We reject the State's similar argument in this case.

4 . The rare instances where we presume prejudice are easily distinguishable from the present case. We presume prejudice when the defendant is denied his or her right to a jury trial because the right to a jury trial is one of only a handful of “important" constitutional rights that are fundamental to our justice system. State v. Stallings, 658 N.W.2d 106, 112 (Iowa 2003) (citing McGurk v. Stenberg, 163 F.3d 470, 474 (8th Cir.1998) ("Despite the strong presumption that constitutional error can be harmless, we conclude that the denial of a jury trial is a structural error subject to automatic reversal.") (Internal quotations and citations omitted.)). We also presume prejudice when there was no factual basis for the plea because we-do not want to convict people for crimes they did not commit. State v. Hack, 545 N.W.2d 262, 263 (Iowa 1996); see State v. Sanders, 309 N.W.2d 144, 145 (Iowa Ct.App.1981). In the present case, neither of these pressing concerns exists. Straw does not contend he did not commit the crime, and he does not contend he was denied the right to trial. Instead, he argues his decision not to go to trial would have been different had he known the maximum punishment for the crime he committed. Rather than presume his decision would have been different, Straw ought to prove that point on his own.

5 . The prejudice suffered by a defendant who does not know the potential length of imprisonment for his guilty plea is unique because it " 'is virtually self-evident that a defendant's decision to plead guilty ... is a grave and personal judgment, which a defendant should not be allowed to enter without full comprehension of possible consequences of conviction by such plea. " White, 587 N.W.2d at 246 (quoting State v. Irish, 223 Neb. 814, 394 N.W.2d 879, 884-85 (1986) (Shanahan, J., dissenting)). Anyone "unaware that the term or duration of incarceration acutely affects a defendant's decision regarding a guilty ... plea ... is oblivious to one of the realities in our system for efficient criminal justice.” Id.