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Case No. 20-1453

State of Iowa
Kelvin Lynell Scott


State of Iowa


Kelvin Lynell Scott

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 02, 2022

            Appeal from the Iowa District Court for Black Hawk County, William Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  Dissent by May, J.  (16 pages) 

            Kelvin Scott appeals his convictions for operating while intoxicated, second offense, and driving while barred.  He contends his pleas were unknowing and involuntary.  OPINION HOLDS: Granting discretionary review, we find the district court did not abuse its discretion in denying Scott’s motion in arrest of judgment seeking to withdraw his pleas.  We affirm.  DISSENT ASSERTS: Although the parties have briefed the jurisdictional question, the defendant has provided no viable argument for jurisdiction.  So I believe we should dismiss.  I respectfully dissent.

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