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State of Iowa v. Timothy Wayne Jarrell

February 13, 2013

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
TIMOTHY WAYNE JARRELL, DEFENDANT-APPELLANT.



Appeal from the Iowa District Court for Marshall County, Kim Riley, District Associate Judge.

The opinion of the court was delivered by: Doyle, J.

Timothy Wayne Jarrell appeals the judgment and sentence entered upon his conviction of third-degree burglary. AFFIRMED.

Considered by Vogel, P.J., and Potterfield and Doyle, JJ.

Timothy Jarrell appeals the judgment and sentence entered upon his conviction of third-degree burglary. We affirm.

I. Background Facts and Proceedings.

On November 4, 2011, Timothy Jarrell was convicted of third-degree theft, and he was placed on probation for a term of two years. A few weeks later, Jarrell was arrested and charged with third-degree burglary, in violation of Iowa Code section 713.6A(1) (2011), a class "D" felony. While that case was pending, Jarrell was again charged with another count of third-degree, burglary in violation of section713.6A(1). Jarrell pled guilty to those charges as amended in April 2012, and his probation term was extended to three to five years.

The next month, Jarrell was again charged with third-degree burglary, in violation of Iowa Code sections 713.6A(1) and 713.6A(2), and he was also charged with possession of burglar's tools, an aggravated misdemeanor. As a result of his May 2012 charges, Jarrell's probation was revoked.

Although Jarrell initially entered a not guilty plea, he later accepted and signed a written Alford plea agreement.*fn1 The agreement states, in relevant part:

I have discussed all possible legal defenses with my attorney, and I believe this plea is in my best interest.

I am knowingly and intelligently pleading guilty to the above charge because I believe that a jury hearing the evidence in the trial information's minutes would find beyond a reasonable doubt all of the elements of this offense; and in light of the plea agreement, I believe it is in my best interest to enter a plea of guilty to the charge.

I have discussed with my attorney and hereby waive my right to be present and personally inform the court of my plea and to speak for myself regarding sentencing, as is my right under Iowa Rule of Criminal Procedure 2.8(2)(b).

I have discussed with my attorney and understand that to contest the adequacy of my guilty plea, I must do so at least five (5) days prior to sentencing by a motion in arrest of judgment, as provided in Iowa Rule of Criminal Procedure 2.23(3). I waive this right and ask that the court sentence me immediately.

If applicable, I understand that a criminal conviction, deferred judgment or deferred sentence may affect my status ...


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