For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Michael Aaron Dutcher
Appellee
State of Iowa
Appellant
Michael Aaron Dutcher
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
John J. Bishop
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jones County, Fae Hoover Grinde, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Danilson, S.J. Opinion by Danilson, S.J. Dissent by Ahlers, P.J. (11 pages)
Michael Dutcher requests we grant him a delayed appeal and address is claim that the district court failed to comply with Iowa Rule of Criminal Procedure 2.23 at sentencing. OPINION HOLDS: We grant Dutcher a delayed appeal. We bypass the State’s error-preservation challenge and determine the district court substantially complied with rule 2.23. DISSENT ASSERTS: Because there is no record evidence supporting Dutcher’s claims to justify granting a delayed appeal, I would not grant a delayed appeal and dismiss the appeal for lack of jurisdiction.
