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Case No. 21-0421

State of Iowa
Michael Edwards Johnson


State of Iowa


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:
Apr 27, 2022

            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.

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