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Case No. 20-0257

State of Iowa
v.
Korki Ricoh Wilbourn

Korki Ricoh Wilbourn seeks further review of the court of appeals decision affirming his conviction following a guilty plea. The court of appeals determined that because judgment was entered after July 1, 2019, Wilbourn has no right to appeal his guilty plea, and he failed to establish “good cause” to challenge the agreed-upon sentence. Iowa Code § 814.6(1)(a)(3). Regarding Wilbourn’s argument regarding a discrepancy between the court’s oral and written pronouncement of sentence, the court of appeals found that it should be corrected through a nunc pro tunc order.

County:
Marshall

Resister

State of Iowa

Applicant

Korki Ricoh Wilbourn

Attorneys for Resister

Israel Kodiaga

Attorneys for Applicant

Mary K. Conroy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0257
Date Published:
Aug 04, 2021
Summary

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED AND REMANDED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Korki Wilbourn appeals the sentence imposed following his guilty pleas, arguing the district court abused its discretion by failing to consider or understand its discretion to reduce his mandatory minimum sentence and further asks the court to correct a discrepancy between its oral and written pronouncement of sentence.  OPINION HOLDS: We find Wilbourn failed to establish good cause to appeal his sentence, as the court adopted the joint sentencing recommendation of the parties.  We affirm the conviction and sentence.  However, the discrepancy concerning the fine on the drug-tax-stamp conviction should be corrected via a nunc pro tunc order.  

Other Information

Date Further Review is Granted:
Sep 28, 2021
Date Retained:
Sep 28, 2021
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