State of Iowa
v.
Daniel Welchs Doyen
Appellee
State of Iowa
Appellant
Daniel Welchs Doyen
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Casey D. Jones (plea) and Nicholas Scott (sentencing), Judges. AFFIRMED. Considered without oral argument by Greer, P.J., Sandy, J., and Mullins, S.J. Opinion by Greer, P.J. (13 pages)
Doyen appeals his guilty plea, arguing that because he never signed his written guilty plea, the court cannot show he voluntarily and intelligently agreed to its terms, including waiving his right to file a motion in arrest of judgment, which our appellate courts have found to be a prerequisite to finding good cause to challenge the terms of his guilty plea on appeal. OPINION HOLDS: We find Doyen had good cause to challenge his appeal. But the record is devoid of information on whether the guilty plea was entered voluntarily and intelligently or if Doyen would have chosen to go to trial absent a defect in the guilty plea. We affirm Doyen’s conviction and sentence; he may seek relief through a postconviction-relief action if he chooses.
