from the Iowa District Court for Scott County, Cheryl Traum,
District Associate Judge.
Arterburn appeals following his plea of guilty to absence
from a place he was required to be. CONVICTION AFFIRMED,
SENTENCE VACATED, AND REMANDED WITH INSTRUCTIONS.
D. Hallstoos of Hallstoos Law Office, Dubuque, for appellant.
J. Miller, Attorney General, Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
DANILSON, Chief Judge.
Arterburn appeals following judgment and sentence entered
upon his written plea of guilty to absence from custody, in
violation of Iowa Code section 719.4(3) (2016).
ordinarily review challenges to guilty pleas for correction
of errors at law." State v. Fisher, 877 N.W.2d
676, 680 (Iowa 2016).
October 5, 2016, Arterburn entered a written guilty plea to
one count of absence from custody. The written guilty plea
indicates, "A plea agreement in my case exists as
evidenced by a memorandum of plea agreement which I have
signed. I understand the plea agreement is not binding on the
The written guilty plea also contained a discussion of
9. On a plea of guilty to:
. . . .
√ A serious misdemeanor, the
Court can sentence me to jail for up to one year, and fine me
between $315.00 and $1875.00, plus surcharge and court costs.
explained that to challenge the guilty plea a motion in
arrest of judgment must be filed and that failing to file a
motion in arrest of judgment before sentencing would
"preclude [his] right to assert any defects in this plea
in any appeal." He also signed an ...