State of Iowa
v.
Dean David Geary
Appellee
State of Iowa
Appellant
Dean David Geary
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
Jonathon Munoz
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Vogel, C.J., Bower, J., and Gamble, S.J. Opinion by Gamble, S.J. (4 pages)
Dean Geary appeals from judgment and sentence entered upon his written plea of guilty to assault causing bodily injury or mental illness. OPINION HOLDS: Geary was adequately advised of the need to file a motion in arrest of judgment. Having filed no motion in arrest of judgment, Geary waived his right to challenge the guilty plea. Because we are unable to determine whether the district court properly exercised its discretion in sentencing Geary, we vacate the sentence and remand for resentencing.
