State of Iowa
v.
Arthur James Mollo III
Appellee
State of Iowa
Appellant
Arthur James Mollo III
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Dylan J. Thomas
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
