State v. Burtlow

McCORMICK, Justice.

Defendant Cecil Ray Burtlow, Jr., appeals his guilty-plea conviction and sentence for escape in violation of section 719.-4(1), The Code. He contends the record shows the plea lacked a factual basis. We find the factual basis would support conviction of an escape charge under subsection three but not subsection one of section 719.-4. Therefore we reverse and remand.

Defendant was charged by trial information with escape from custody in violation of section 719.4. That statute establishes four escape offenses:

1. A person convicted of a felony, or charged with the commission…