Court records show Suez Ann Smith fired a shot from her Pink Lady .38 caliber revolver through a closed door of her apartment at her boyfriend as he left following a fight. She was charged with intimidation with a dangerous weapon, but pleaded guilty to a lesser charge of going armed with intent.
Smith appealed after being sentenced to an indeterminate sentence of up to five years in prison, saying her attorney was ineffective for allowing her to take the plea without evidence to back up the charge. She says the record does not show any movement to prove the “going armed” definition.
The Iowa Court of Appeals says the record is not clear if Smith pulled out the gun and fired it, or went and got the gun and then fired it. The ruling sets aside the sentence and sends the case back to the district court to give the prosecution a chance to establish a factual basis for the going armed charge.
Here’s the ruling: Smith gun ruling PDF