STATE v. HENDRICKS

No. 58738.

240 N.W.2d 640 (1976)

STATE of Iowa, Appellee, v. Randy Rae HENDRICKS, Appellant.

Supreme Court of Iowa.

April 14, 1976.


Attorney(s) appearing for the Case

James P. Hoffman, Keokuk, for appellant.

Richard C. Turner, Atty. Gen., Nancy J. Shimanek, Asst. Atty. Gen., Barry M. Anderson, County Atty., and M. Carl McMurray, Deputy County Atty., for appellee.

Submitted to MOORE, C. J., and MASON, RAWLINGS, REES and REYNOLDSON, JJ.


MOORE, Chief Justice.

Defendant appeals judgment and sentence entered by Magistrate Joseph L. Phelan following defendant's plea of guilty to possession of marijuana in violation of Code section 204.401(3). We vacate judgment and remand the case for resentencing by a judge of the district court.

The events leading up to this appeal are shocking and most difficult to understand. The magistrate's handling of this case was strikingly out of the ordinary. The procedure...

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