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Case No. 23-1251

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

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.

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