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State of Iowa
v.
William J. Kirchner Jr.
Appellee
State of Iowa
Appellant
William J. Kirchner Jr.
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown and Mark E. Kruse, Judges. AFFIRMED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Doyle, P.J. (6 pages)
William Kirchner Jr. appeals after pleading guilty to possession of a firearm by a felon and possession of a controlled substance, third offense. OPINION HOLDS: I. Because the court adequately advised Kirchner of his need to file a timely motion in arrest of judgment to challenge his pleas and he failed to do so, he cannot challenge the voluntariness of his pleas on direct appeal. II. Counsel did not breach a duty in failing to move in arrest of judgment challenging the factual basis for Kirchner’s plea to possession of a controlled substance. III. The court acted within its discretion in refusing to allow Kirchner to withdraw his plea because the record shows he entered his plea knowingly and voluntarily without fear or persuasion.
