State of Iowa
v.
Randy Lee Nibaur
Appellee
State of Iowa
Appellant
Randy Lee Nibaur
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorneys for the Appellant
Travis M. Visser-Armbrust (until withdrawal)
Jane White
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Floyd County, Blake H. Norman and DeDra Schroeder, Judges. AFFIRMED. Considered by Tabor, C.J., and Chicchelly and Sandy, JJ. Opinion by Sandy, J. (8 pages)
Randy Nibaur appeals his conviction for sexual abuse in the third degree in violation of Iowa Code section 709.4(1)(b)(2)(d) (2021). On appeal, he argues his conviction should be reversed because (1) there exists no factual basis for his guilty plea; and (2) he did not knowingly plead guilty. Additionally, he argues the district court abused its discretion by sentencing him to a prison term. OPINION HOLDS: Because we do not have authority to reach the merits of Nibaur’s challenges to his guilty plea, we affirm his conviction. Additionally, we find no abuse of discretion in the district court’s sentencing decision.