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State v. Arterburn

Court of Appeals of Iowa

May 17, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
ADAM B. ARTERBURN, Defendant-Appellant.

         Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.

         Adam 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.

          Sharon D. Hallstoos of Hallstoos Law Office, Dubuque, for appellant.

          Thomas 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.

         Adam 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).

         "We ordinarily review challenges to guilty pleas for correction of errors at law." State v. Fisher, 877 N.W.2d 676, 680 (Iowa 2016).

         On 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 court."

The written guilty plea also contained a discussion of penalties:
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.

         It also 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 ...


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