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Case No. 18-0229

State of Iowa
v.
Jason Bendickson

Appellee

State of Iowa

Appellant

Jason Bendickson

Attorneys for Appellee

Darrel L. Mullins, Assistant Attorney General

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0229
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, James M. Drew, Gregg R. Rosenbladt, and Rustin T. Davenport, Judges.  CONDITIONALLY AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Jason Bendickson appeals from two convictions asserting he is actually innocent despite pleading guilty and, citing the intervening decision in Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), asks the court to remand for the district court to address his claim.  OPINION HOLDS: Because the district court found only that his guilty plea was knowing and voluntary and because Schmidt held defendants can assert a claim of actual innocence that is extrinsic to the plea, we agree a remand is appropriate.  We conditionally affirm Bendickson’s convictions and remand for a hearing on his freestanding claim of actual innocence. 

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