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Case No. 18-0820

State of Iowa
Arthur James Mollo III


State of Iowa


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:
Jun 19, 2019

            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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