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Case No. 17-1567

State of Iowa
v.
Aaron Christopher Ortiz

Appellee

State of Iowa

Appellant

Aaron Christopher Ortiz

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Joseph C. Glazebrook, Thomas Hurd, and Andrew Duffelmeyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1567
Date Published:
Apr 17, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Aaron Ortiz appeals his convictions and sentence for assault with intent to commit sexual abuse causing bodily injury.  He contends his status as a ward and his intellectual disabilities prevented him from making legal decisions, and his plenary guardian should have been involved at all stages of the criminal case—especially the competency proceedings and the guilty plea hearing.  He seeks to establish he is excused from the rules of error preservation due to structural error.  OPINION HOLDS: On this undeveloped record, neither the structural error nor the competency issues allow us to reach the merits of the challenge.  We also find Ortiz’s sentence is not categorically unconstitutional. 

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