State of Iowa v. Gary L. Bundy, Jr. ( 2022 )

IN THE COURT OF APPEALS OF IOWA
No. 21-1209
Filed June 15, 2022
STATE OF IOWA,
Plaintiff-Appellee,
vs.
GARY L. BUNDY JR.,
Defendant-Appellant.
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Appeal from the Iowa District Court for Guthrie County, Kimberly Smith,
District Associate Judge.
A defendant appeals the sentence imposed following his guilty plea for
stalking. APPEAL DISMISSED.
Seth J. Harrington (until withdrawal) of Harrington Law, LC, Urbandale, and
Eric W. Manning, Urbandale, for appellant.
Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney
General, for appellee.
Considered by May, P.J., and Greer and Chicchelly, JJ.
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CHICCHELLY, Judge.
Gary Bundy Jr. appeals the sentence imposed following his guilty plea for
stalking, in violation of Iowa Code sections 708.11(2) and 708.11(3)(b)(1) (2021).
Bundy argues the court erred in sentencing him because the record lacked a
factual basis for the statutory provisions under which he pled guilty.
Bundy pled guilty to the charges in open court in August 2021. Based upon
Bundy’s statements, the prosecutor’s statements, and the applicable minutes of
testimony, the court found there was a factual basis for the plea and that the plea
was knowing and voluntary. The court informed Bundy of his rights to: (1) have a
presentence investigation report completed; (2) have sentencing set out fifteen
days; and (3) file a motion in arrest of judgment. Bundy waived these rights and
sought to be sentenced on the stalking charge immediately. Consistent with the
plea agreement, the court imposed a five-year term of incarceration, plus certain
financial penalties. On appeal, Bundy claims his sentence is illegal because the
facts indicate he violated a no-contact order but not that he committed stalking.
The State argues Bundy’s appeal should be dismissed for a lack of
jurisdiction under Iowa Code section 814.6(1)(a)(3). This section requires good
cause to establish a right of appeal from a conviction where, as here, the defendant
has pled guilty and the crime is not a class “A” felony. Iowa Code § 814.6(1)(a)(3).
While a challenge to the sentence rather than the underlying guilty plea would
establish good cause, we find Bundy’s claim is effectively challenging the
underlying plea. See State v. Damme, 944 N.W.2d 98, 105 (Iowa 2020). Bundy
contends that an insufficient factual basis nonetheless amounts to good cause to
allow the appeal. We have previously concluded that a claim of no factual basis
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for a guilty plea does not establish good cause to appeal. See State v.
Manirabaruta, No. 20-0025, 2021 WL 4890937, at *3 (Iowa Ct. App. Oct. 20, 2021)
(“Until further directed by our supreme court, we decline to find good cause to grant
[the defendant] a right to appeal based on his claim of no factual basis for his guilty
plea.”). Accordingly, we dismiss this appeal.
APPEAL DISMISSED.