State of Iowa
v.
Dana Robert Cherry
Appellee
State of Iowa
Appellant
Dana Robert Cherry
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Nathan A. Olson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge. AFFIRMED. Considered by Vogel, C.J., and Mullins and Bower, JJ. Opinion by Bower, J. (5 pages)
Dana Cherry appeals his conviction for driving while barred. He claims the district court erred in failing to rule on his motion in arrest of judgment prior to sentencing and his counsel was ineffective for failing to ensure the court addressed the motion prior to sentencing. Cherry also claims the district court abused its discretion by failing to consider the sentence he recommended outside the plea agreement. OPINION HOLDS: We find Cherry’s motion in arrest of judgment was untimely, preserve the ineffective-assistance claim, and find the sentencing claim is moot. We affirm.
