State v. Davis
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The Supreme Court affirmed Defendant's sentence to an indeterminate term of incarceration not to exceed five years imposed in connection with his plea of guilty to operating while intoxicated, holding that there was no error.
While represented by counsel, Defendant filed a time pro se notice of appeal from his conviction and sentence. Thereafter, Defendant's appellate counsel filed an untimely notice of appeal. In his appeal, Defendant argued that the district court denied him the right of allocution at sentencing and requested remand for resentencing. The Supreme Court affirmed, holding (1) even assuming Iowa Code 814.6A prohibited Defendant from filing a pro se notice of appeal Defendant established good cause to appeal as a matter of right; and (2) Defendant was provided the right of allocution.
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