State of Iowa
v.
Michael Edwards Johnson
Appellee
State of Iowa
Appellant
Michael Edwards Johnson
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Michael J. Jacobsma
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Plymouth County, Roger L. Sailer, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (10 pages)
Michael Johnson pled guilty to fourth-degree theft, a serious misdemeanor. On appeal, he challenges his conviction and his sentence, relying on Iowa Rule of Criminal Procedure 2.33(1) and the principles of double jeopardy. OPINION HOLDS: Johnson has good cause to challenge his conviction and sentence following the district court’s denial of his motion to dismiss. But we agree with the district court that dismissal was not necessary under either rule 2.33(1) or the principles of double jeopardy. We affirm.