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Case No. 19-0040

For summaries from opinions prior to August, 2018, view PDF versions here

Archie Lee Jones
v.
State of Iowa

Appellant

Archie Lee Jones

Appellee

State of Iowa

Attorneys for Appellant

Thomas Hurd

Attorneys for Appellee

Katie Krickbaum, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0040
Date Published:
Nov 30, 2020
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.

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