STATE OF IOWA, Plaintiff-Appellee, vs. AARON STACY ROBERTS, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-455 / 08-1736
Filed July 2, 2009
STATE OF IOWA,
Plaintiff-Appellee,
vs.
AARON STACY ROBERTS,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, Nathan A.
Callahan, District Associate Judge.
Aaron Stacy Roberts appeals following conviction and sentence for thirdoffense possession of marijuana. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Thomas Gaul, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney
General, Thomas J. Ferguson, County Attorney, and Michelle Wagner, Assistant
County Attorney, for appellee.
Considered by Mahan, P.J., and Eisenhauer and Mansfield, JJ.
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MAHAN, P.J.
Waterloo police arrested Aaron Stacy Roberts on February 3, 2008,
regarding a harassment complaint filed by Roberts’ cousin. During a search
incident to the arrest, police found a plastic bag of marijuana, a metal pipe, and a
lighter in Roberts’ pants pocket. On February 15, 2008, the State filed a trial
information charging Roberts with third-offense possession of marijuana in
violation of Iowa Code section 124.401(5) (2007), an aggravated misdemeanor.
Roberts filed a written plea of guilty on October 16, 2008. At a hearing on further
proceedings, the court inquired about the plea as follows:
THE COURT: This is Black Hawk County case number
AGCR152296, State of Iowa versus Aaron Stacy Robert. Mr.
Roberts is in custody and appears today for a hearing on further
proceedings. He appears with counsel, Dennis Guernsey. The
State is represented by Assistant County Attorney Michelle
Wagner. Prior to going on record the court was provided with a
written guilty plea that’s signed by Mr. Roberts, and it also includes
a waiver of delay in sentencing and any motions challenging the
plea. There is no agreement in regards to disposition. So, Mr.
Roberts, is that your signature on the written plea?
THE DEFENDANT: Yes, Your Honor.
The court thereafter accepted Roberts’s plea.
On appeal, Roberts argues his plea of guilty was not voluntarily or
intelligently given as the district court failed to comply with Iowa Rule of Criminal
Procedure 2.8(2). The States contends Roberts waived his right to challenge his
guilty plea because he failed to file a motion in arrest of judgment as required by
Iowa Rule of Criminal Procedure 2.24(3)(a). We agree. Roberts’s written plea of
guilty provided:
I further understand that if I wish to challenge this guilty plea, I must
file a motion in arrest of judgment not later than forty-five days after
entry of my plea and also at least five days before the date set for
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sentencing, and that failure to so file such challenges shall preclude
the right to assert them on appeal. I also understand I have a right
to a 15 day delay before being sentenced. I waive these rights and
request that judgment and sentence be pronounced upon receipt of
this plea.
We find Roberts’s written plea adequately advised him that failure to file a
motion in arrest of judgment would preclude him from later raising issues
regarding his guilty plea on appeal. See Iowa R. Crim. P. 2.24(3)(a); State v.
Straw, 709 N.W.2d 128, 132 (Iowa 2006) (holding the court conveyed the
pertinent information and the defendant’s failure to move in arrest of judgment
barred a direct appeal of his conviction); State v. Barnes, 652 N.W.2d 466, 46768 (Iowa 2002) (finding written pleas stating the consequences of failing to file a
motion in arrest of judgment are sufficient under Iowa Rule of Criminal Procedure
2.8(2)(d) in prosecutions for serious or aggravated misdemeanors).
judgment of the district court is affirmed.
AFFIRMED.
The
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