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Case No. 18-0820

State of Iowa
v.
Arthur James Mollo III

Appellee

State of Iowa

Appellant

Arthur James Mollo III

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Dylan J. Thomas

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0820
Date Published:
Jun 19, 2019
Summary

            Appeal from the Iowa District Court for Wright County, Paul B. Ahlers and Kim M. Riley, District Associate Judges.  AFFIRMED.  Considered by Vogel, C.J., Bower, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Arthur Mollo III appeals from judgment and sentence entered upon his guilty plea to identity theft, contending counsel was ineffective in allowing the plea where there was no factual basis that the victim was a “person” and in failing to object to the court’s consideration of risk assessment tests in sentencing.  He also asserts the court considered an improper factor in sentencing.  OPINION HOLDS: On our review, a factual basis for the plea exists and we find no abuse of the court’s sentencing discretion.  Mollo’s ineffective assistance of counsel claim is preserved for possible postconviction proceedings.

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