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Case No. 19-0091

State of Iowa
v.
William J. Kirchner Jr.

Appellee

State of Iowa

Appellant

William J. Kirchner Jr.

Attorneys for Appellee

Thomas J. Ogden, Assistant Attorney General

Attorneys for Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0091
Date Published:
Feb 19, 2020
Summary

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown and Mark E. Kruse, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J. (6 pages)

            William Kirchner Jr. appeals after pleading guilty to possession of a firearm by a felon and possession of a controlled substance, third offense.  OPINION HOLDS: I. Because the court adequately advised Kirchner of his need to file a timely motion in arrest of judgment to challenge his pleas and he failed to do so, he cannot challenge the voluntariness of his pleas on direct appeal.  II. Counsel did not breach a duty in failing to move in arrest of judgment challenging the factual basis for Kirchner’s plea to possession of a controlled substance.  III. The court acted within its discretion in refusing to allow Kirchner to withdraw his plea because the record shows he entered his plea knowingly and voluntarily without fear or persuasion. 

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