Ryan v. Iowa State Penitentiary, Ft. Madison

HARRIS, Justice.

This appeal from a postconviction proceeding presents two claims. Petitioner urges his plea of guilty should be set aside for want of showing it had a factual basis. And he argues the trial court should have granted his request to withdraw the plea when he appeared for sentencing. We agree there was insufficient showing of a factual basis but conclude the judgment only, not the plea itself, must therefore be set aside. We find no error in the trial court’s refusal to allow withdrawal of the guilty plea.

Michael A. Ryan (petitioner) was charged by county attorney’s information…