State of Iowa
v.
Kenneth Lloyd Carmer
Appellee
State of Iowa
Appellant
Kenneth Lloyd Carmer
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Shawn Smith
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ. Opinion by McDonald, J. Dissent by Vaitheswaran, J. (5 pages)
Kenneth Carmer appeals his guilty plea to domestic abuse assault causing bodily injury, second offense. OPINION HOLDS: Carmer’s guilty plea was not defective. A written plea is not required to advise a defendant that the sentence for the offense could be served consecutively to sentences in other cases. DISSENT ASSERTS: Following the sentencing hearing, the district court ordered Carmer to serve his sentence consecutively to the sentence in FECR092096 and one other sentence. In my view, the possibility that the pending sentence would be imposed consecutively to Carmer’s other sentences was a direct consequence of the plea and Carmer should have been informed of this consequence. Because the guilty plea form did not include such a statement, I would set aside the guilty plea and remand the case to the district court.
