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Case No. 18-1163

State of Iowa
v.
Dean David Geary

Appellee

State of Iowa

Appellant

Dean David Geary

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Jonathon Munoz

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1163
Date Published:
May 15, 2019
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.

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