State of Iowa v. Kevin Duane Fisher II

Summary

The Supreme Court of Iowa held that a defendant pleading guilty to possession of a controlled substance must be informed that the conviction will automatically result in a 180-day driver's-license revocation. The court also held that mandatory fine surcharges must be disclosed as part of the punishment. Because the written plea did not adequately advise the defendant of the consequences of failing to file a motion in arrest of judgment and did not disclose the license revocation, the court vacated the court of appeals decision, conviction, and sentence, and remanded the case.

Holdings

1. Fisher was not barred from challenging his guilty plea on direct appeal because his written plea did not substantially comply with Iowa Rule of Criminal Procedure 2.8(2)(d). It did not inform him that failing to file a timely motion in arrest of judgment would preclude appellate challenges to the plea.
2. A mandatory 180-day revocation of the defendant's driver's license or operating privilege under Iowa Code section 901.5(10) is a direct, punitive consequence of a controlled-substance conviction and must be disclosed before the court accepts the guilty plea.
3. Actual compliance with Iowa Rule of Criminal Procedure 2.8(2)(b)(2) requires disclosure of all applicable chapter 911 surcharges because mandatory surcharges are punitive components of the fine and therefore part of the minimum and maximum possible punishment.
4. The court did not decide whether the plea was defective on this ground because Fisher's plea agreement expressly provided for two days in jail.

Questions Presented

1. Whether Fisher could challenge the adequacy of his guilty plea on direct appeal despite not filing a motion in arrest of judgment.
2. Whether a mandatory, immediate, punitive 180-day driver's-license revocation imposed for controlled-substance possession is a direct consequence of the guilty plea that must be disclosed before the plea is accepted.
3. Whether mandatory statutory fine surcharges are punishment and therefore must be included in disclosure of the minimum and maximum possible fines under Iowa Rule of Criminal Procedure 2.8(2)(b)(2).
4. Whether the written plea was defective because it failed to disclose the mandatory two-day jail sentence.

Disposition

vacated