State of Iowa
v.
Justin Michael Barnes
Appellee
State of Iowa
Appellant
Justin Michael Barnes
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Heidi Miller
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge. SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J. Opinion by Gamble, S.J. (6 pages)
Justin Barnes appeals following his Iowa Rule of Criminal Procedure 2.10 guilty plea. He complains he was not given an opportunity to withdraw his guilty plea at the sentencing hearing after the court informed him it could not suspend the fine associated with one of the charges as provided for in the guilty plea. OPINION HOLDS: Barnes established good cause to appeal. The district court erred by not informing Barnes he could withdraw his guilty plea prior to the imposition of the mandatory fine. We vacate the sentence and remand for further proceedings.
