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State of Iowa
v.
Christopher Lavelle Mitchell
Appellee
State of Iowa
Appellant
Christopher Lavelle Mitchell
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Ashley Stewart, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, John Telleen, Judge. AFFIRMED. Considered by Tabor, P.J., and Badding and Buller, JJ. Opinion by Badding, J. Partial Dissent by Buller, J. (10 pages)
A criminal defendant seeks discretionary review of a ruling on his motion in arrest of judgment and challenges the imposition of consecutive sentences. OPINION HOLDS: We grant discretionary review of the district court’s ruling on the motion in arrest of judgment but affirm that ruling on the merits. Finding no abuse of discretion in sentencing, we affirm the imposition of consecutive sentences. PARTIAL DISSENT ASSERTS: Because exercising our extraordinary jurisdiction to decide the guilty-plea issue is contrary to legislative intent, an abuse of the discretion granted to us by the elected branches, and a waste of judicial resources, I dissent from granting discretionary review.
