SEPTEMBER 5, 2002

IOWA SUPREME COURT

State v. Kreps, 650 N.W.2d 636 (Iowa 9/5/2002).  Investigative stops -- evasive action by car plus fleeing passenger.  Although driver's acts of apparently attempting to "lose" the police car following it did not give rise to reasonable suspicion for investigatory stop, that fact combined with additional facts established reasonable cause:  (1) while the car was still moving, a passenger jumped out and ran between some houses (giving reason to suspect the passenger was involved in criminal activity occurring within the car, or involving the car itself) -- deemed to be the "clincher"; and (2) it was 2:30 a.m., there was no traffic on the street, and a curfew existed in the town prohibiting individuals under eighteen from being out past 11 p.m.

Reversal required for guilty plea 
unsupported by factual basis

State v. Mitchell, 650 N.W.2d 619 (Iowa 9/5/2002). [1] Guilty plea without factual basis -- reversal required.  Defendant's plea to possessing contraband (here, prescription drugs, although not reflected in the opinion) in violation of 719.7(3)(b) (regarding conveyance of contraband to person confined in a "correctional institution") was without factual basis because the person to whom conveyance was made was in a jail, which is a "detention facility" under section 719.8 (covering conveyances of controlled substances or intoxicating beverages) as opposed to a "correctional facility" as charged under section 719.7.  Court reiterates holding in State v. Schminkey, 597 N.W.2d 785, 788 (Iowa 1999), that "under no circumstances may a conviction upon plea of guilty stand if it appears that the facts of the charge do not state a violation of the statute under which the charge is made."  Counsel was ineffective in representing defendant under these circumstances.  [2] Guilty plea without factual basis -- proper remedy.  When a guilty plea is entered without factual basis, two remedies are possible:  vacation of the conviction and sentence with remand for dismissal of the charge, or vacation of the sentence and remand for further proceedings to give the State an opportunity to establish a factual basis.  Here, vacation and remand for dismissal is the correct remedy.  As the disposition invalidates a plea bargain involving the dismissal of another charge, however, the Court orders that the State may reinstate that charge ab initio.