State of Iowa v. Anthony J. Carty

IN THE COURT OF APPEALS OF IOWA No. 21-0646 Filed July 20, 2022 STATE OF IOWA, Plaintiff-Appellee, vs. ANTHONY J. CARTY, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. Anthony Carty appeals his guilty pleas. APPEAL DISMISSED. Martha J. Lucey, State Appellate Defender, and Vidhya K. Reddy, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee. Considered by Vaitheswaran, P.J., Chicchelly, J., and Scott, S.J.* *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2022). 2 SCOTT, Senior Judge. Anthony Carty entered written guilty pleas to two counts of assault while displaying a dangerous weapon and now appeals. This court ordinarily reviews guilty plea proceedings for errors at law. State v. Meron, 675 N.W.2d 537, 540 (Iowa 2004). When a defendant alleges that in accepting a guilty plea the district court failed to comply with Iowa Rule of Criminal Procedure 2.8(2)(b), we review for substantial compliance. State v. Fisher, 877 N.W.2d 676, 682–83 (Iowa 2016). Carty also raises a constitutional challenge to Iowa Code section 814.29 (2020).1 If we need to decide his constitutional claims, review would be de novo. State v. Tucker, 959 N.W.2d 140, 145 (Iowa 2021). But we must first consider whether we can reach the merits of Carty’s guilty plea challenge, which faces a few hurdles. First, Iowa Rule of Criminal Procedure 2.24(3)(a) states, “A defendant’s failure to challenge the adequacy of a guilty plea proceeding by motion in arrest of judgment shall preclude the defendant’s right to assert such challenge on appeal.” Here, in the written guilty plea, Carty waived the filing of a motion in arrest of judgment.2 Cf. State v. 1 Carty asserts, “The 2019 Amendment to Iowa Code section 814.29, which now purports to require that a defendant demonstrate he more likely than not would not have pled guilty but for the defect in the plea proceeding to procure relief, is unconstitutional” as it violates due process and separation of powers. 2 Paragraph 18 of the written plea states, I waive the right to wait 15 days before sentencing, and give up the right to file a motion in arrest of judgment under rule 2.8 of the Iowa Rules of Criminal Procedure. I understand that I must file that motion at least five days before sentencing. Otherwise, it will be too late. I will have no appeal and no other way to object to the way the court accepted my guilty plea. 3 Treptow, 960 N.W.2d 98, 109 (Iowa 2021) (recognizing the defendant is not required to file a motion in arrest of judgment when not advised of the consequences of failing to do so). Moreover, even though he sought immediate sentencing, the district court scheduled the sentencing for the following month. Carty did not move in arrest of judgment in the interim. Thus, he is precluded from “challeng[ing] the adequacy of the guilty plea proceeding” under rule 2.24(3)(a). In addition, …

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