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Case No. 19-0551

State of Iowa
v.
Christopher Lee Roby Jr.

Christopher Roby seeks further review after the court of appeals affirmed his convictions and sentences for sexual abuse in the third degree, possession of marijuana with intent to deliver, and eluding. Roby contends his trial counsel was ineffective by: (1) failing to challenge the State’s decision to pursue the eluding charge as a violation of the constitutional prohibitions against double jeopardy; (2) failing to challenge the constitutionality of his arrest warrant; (3) failing to argue his bond was excessive; (4) allowing him to enter a guilty plea to possession with intent to deliver without a sufficient factual basis; (5) failing to ensure his guilty pleas were knowing and voluntary; and (6) committing structural error.

County:
Black Hawk

Resister

State of Iowa

Applicant

Christopher Lee Roby Jr.

Attorneys for Resister

Louis S. Sloven

Attorneys for Applicant

Marti D. Nerenstone

Supreme Court

Oral Argument Schedule

Non-Oral

Sep 17, 2020 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-0551
Date Published:
Nov 20, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0551
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Black Hawk County, Alan T. Heavens and Kellyann M. Lekar, Judges.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            Christopher Roby appeals from his convictions and sentences for sexual abuse in the third degree, possession of marijuana with intent to deliver, and eluding.  Roby argues his counsel was ineffective by failing to challenge his arrest, bail, and guilty pleas.  OPINION HOLDS: We find all of Roby’s arguments without merit and affirm.

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