State of Iowa
v.
Bobby Glenn Agan, III
Appellee
State of Iowa
Appellant
Bobby Glenn Agan, III
Attorney for the Appellee
Aaron Rogers, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Adair County, Elisabeth Reynoldson (motions) and Stacy Ritchie (trial), Judges. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ. Opinion by Buller, J. (10 pages)
A criminal defendant appeals his convictions for possession of drugs and ammunition as a prohibited person. OPINION HOLDS: We affirm as to the search warrant and sufficiency of the evidence claims. Because the defendant was not advised of the need to file a motion in arrest of judgment and the colloquy was materially deficient, we vacate the recidivist portion of the conviction for possession of a controlled substance and the resulting sentence, and we remand with directions.
