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Case No. 18-1044

State of Iowa
Dana Robert Cherry


State of Iowa


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:
May 01, 2019

            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.

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