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Case No. 22-0553

State of Iowa
Murphy Lee Rutherford

Murphy Lee Rutherford seeks further review of the court of appeals decision affirming his conviction and sentence following a guilty plea to two counts of possession of a firearm by a felon and one count of second degree theft. The court determined that because he did not file a motion in arrest of judgment, it would not address his claim concerning his plea’s factual basis. The court also found the district court did not abuse its discretion during sentencing.

Trial Court Case No.:


State of Iowa


Murphy Lee Rutherford

Attorney for the Resister

Timothy M. Hau, Assistant Attorney General

Attorney for the Applicant

Theresa R. Wilson, Assistant Appellate Defender

Supreme Court

Oral Argument Schedule


Sep 14, 2023 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Nov 03, 2023
Date Amended:
Jan 11, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 08, 2023

            Appeal from the Iowa District Court for Washington County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (7 pages)

            Murphy Lee Rutherford appeals his conviction and sentence imposed following a plea deal.  He claims the plea lacked a factual basis.  He also claims the court abused its discretion in sentencing.  OPINION HOLDS: Because Rutherford did not move in arrest of judgment, we do not reach his claim related to the plea’s factual basis.  We conclude the court did not abuse its discretion during sentencing. 

Other Information

Date Further Review is Granted:
May 23, 2023
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