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Case No. 18-1072

State of Iowa
v.
Awadia Majak Deng

Appellee

State of Iowa

Appellant

Awadia Majak Deng

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Joel E. Fenton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1072
Date Published:
May 13, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Awadia Deng challenges her conviction for marijuana possession.  Deng did not move in arrest of judgment to challenge her guilty plea.  She contends the district court failed to warn her of the consequences of not moving in arrest of judgment.  She also alleges her attorney was ineffective in advising her about the immigration consequences of her guilty plea.  OPINION HOLDS: Because both the signed guilty plea and the order accepting the plea contained full explanations of the need to file a motion in arrest of judgment, Deng waived error by opting not to move in arrest of judgment.  Also, because the record is inadequate to resolve her ineffective-assistance claim on direct appeal, we affirm her conviction but preserve her claim for possible postconviction-relief proceedings.

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