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State v. Aceves-Hernandez

Court of Appeals of Iowa
Jul 16, 2008
756 N.W.2d 48 (Iowa Ct. App. 2008)

Summary

finding the defendant waived his right to challenge his written guilty plea and did not assert any ineffective-assistance claims so judgment was affirmed

Summary of this case from State v. Sutton

Opinion

No. 07-0830.

July 16, 2008.

Appeal from the Iowa District Court for Woodbury County, Michael S. Walsh, Judge.

Lucio Trinidad Aceves-Hernandez appeals his sentence following his written guilty plea for identity theft. AFFIRMED.

Robert Green, Sioux City, for appellant.

Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Patrick Jennings, County Attorney, and Mark A. Campbell, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Mahan and Zimmer, JJ.


Aceves-Hernandez appeals his sentence following his written guilty plea for identity theft in violation of Iowa Code section 715A.8(2) (2005). Aceves-Hernandez contends that his written guilty plea was not voluntary and should be withdrawn because the district court failed to advise him of the immigration consequences of his guilty plea. Specifically, Aceves-Hernandez asserts that the language contained within the written plea of guilty and waiver of rights was inadequate because it only advised that he "may" be deported, and the district court should have advised that he would be deported. We review for corrections of errors at law. Iowa R. App. P. 6.4.

Aceves-Hernandez did not file a motion in arrest of judgment pursuant to Iowa Rule of Criminal Procedure 2.24(3)( a), and specifically waived in his written plea his right to challenge his guilty plea. Additionally, Aceves-Hernandez has not asserted any ineffective assistance of counsel claims. As such, his claim has not been preserved for appellate review. See State v. Barnes, 652 N.W.2d 466, 468 (Iowa 2002).

AFFIRMED.


Summaries of

State v. Aceves-Hernandez

Court of Appeals of Iowa
Jul 16, 2008
756 N.W.2d 48 (Iowa Ct. App. 2008)

finding the defendant waived his right to challenge his written guilty plea and did not assert any ineffective-assistance claims so judgment was affirmed

Summary of this case from State v. Sutton
Case details for

State v. Aceves-Hernandez

Case Details

Full title:State v. Aceves-Hernandez

Court:Court of Appeals of Iowa

Date published: Jul 16, 2008

Citations

756 N.W.2d 48 (Iowa Ct. App. 2008)

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