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State of Iowa
v.
Jose Joaquin Montoya Morroquin
Appellee
State of Iowa
Appellant
Jose Joaquin Montoya Morroquin
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Jack Bjornstad
Court of Appeals
Court of Appeals Opinion
Opinion Number:
23-1251
Date Published:
Oct 02, 2024
Summary
Appeal from the Iowa District Court for Crawford County, Patrick H. Tott, Judge. AFFIRMED. Considered by Greer, P.J., Badding, J., and Doyle, S.J. Opinion by Doyle, S.J. (5 pages)
Following a bench trial, Montoya appealed claiming that the district court lacked authority to try his criminal case without a jury, absent a valid Iowa Rule of Criminal Procedure 2.17(1) waiver. OPINION HOLDS: Having failed to preserve error on the issue, we affirm Montoya’s convictions and sentence.