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Case No. 18-1072

State of Iowa
Awadia Majak Deng


State of Iowa


Awadia Majak Deng

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Joel E. Fenton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 13, 2020

            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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