# State v. Fluhr

> Supreme Court of Iowa · January 23, 1980 · 287 N.W.2d 857

URL: https://www.frixlaw.com/law-library/cases/9686006

## Case

- **Full name:** STATE of Iowa, Appellee, v. Donald Eugene FLUHR, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** January 23, 1980
- **Citations:** 287 N.W.2d 857; 1980 Iowa Sup. LEXIS 758
- **Precedential status:** Published
- **Opinion:** Concurrence by LeGRAND
- **Judges:** állbee, Legrand, Harris, Rees, McGiverin
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by State v. Kirchoff, 1990 Iowa Sup. LEXIS 63 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9686006

## How later opinions describe it (automated extraction)

- holding, in challenge to a guilty plea, that the record did not show a factual basis for the intent element of theft where the defendant merely admitted to taking car parts belonging to another and the parts were later found in the defendant's garage, there being no indication…
- stating “trial courts in this state must determine on the record that a factual basis for the plea exists before the plea is accepted”
- noting our rules “preclude[] the use of presentence reports in determining whether a factual basis exists unless the report should be available at the time of the plea hearing”
- reversing guilty plea conviction on direct appeal because the court did not substantially comply with procedural guidelines when accepting the guilty plea

## Opinion text

LeGRAND, Justice
(concurring specially).
Although I agree with much of the dissent and disagree with most of the majority opinion, I find no escape from the language of Iowa R.Crim.P. 8(2), which I believe dictates the result. I therefore concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9686006. Public record. Not legal advice.