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Archie Lee Jones
v.
State of Iowa
Appellant
Archie Lee Jones
Appellee
State of Iowa
Attorney for the Appellant
Thomas Hurd
Attorney for the Appellee
Katie Krickbaum, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. SENTENCES VACATED AND REMANDED. Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J. Opinion by Danilson, S.J. May, J., takes no part. (6 pages)
Archie Jones appeals the district court decision denying his request for postconviction relief. OPINION HOLDS: After granting a petition for rehearing, we determine Jones’s two sentences for possession of marijuana, third offense, as a habitual offender, should be vacated. The case is remanded to the district court to give the State the opportunity to present a factual basis for Jones’s guilty pleas. Further, if the State is unable to establish the factual basis for one or both of the felony-possession-of-a-controlled-substance-third-offense charges, all sentences imposed on the date of the original sentencing hearing shall be vacated by the district court, and Jones shall be sentenced anew.
