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State v. Machado

Court of Appeals of Iowa

October 23, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
ANTONYO MARTIN MACHADO, Defendant-Appellant.

          Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.

         Antonyo Machado appeals his plea of guilty to possession of a controlled substance, first offense.

          William Monroe, Burlington, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Bower, C.J., and Vaitheswaran and and Doyle, JJ.

          BOWER, CHIEF JUDGE.

         Antonyo Machado appeals his plea of guilty to possession of a controlled substance, first offense, in violation of Iowa Code section 124.401(5) (2018).[1] The State contends we should not reach the merits of Machado's claims because he did not file a motion in arrest of judgment to preserve error as required. See Iowa R. Crim. P. 2.24(3)(a) ("A defendant's failure to challenge the adequacy of a guilty plea proceeding by motion in arrest of judgment shall preclude the defendant's right to assert such challenge on appeal."). Machado argues he has adequately preserved error and the district court abused its discretion in imposing sentence rather than deferring judgment.

         On September 11, 2018, Machado signed a written plea of guilty, containing the following paragraphs:

         (Image Omitted)

         It is unclear whether the handwritten line is intended as a strike out of the paragraph.

         The district court entered an order accepting the plea that same date and scheduled a sentencing hearing.

         At the September 28 sentencing hearing, the prosecutor stated:

The State would just make a brief argument, Your Honor. The State would be requesting-pursuant to the plea agreement from the State's end-a jail sentence of thirty days in jail, all suspended except for five days, the minimum fine, two years of informal probation.
The State would note that the substance in this matter was methamphetamine. It did return positive as methamphetamine from the state crime lab. Additionally, the State would note that the defendant does have a criminal record, albeit, it is fairly ...

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