STATE v. BURTLOW

No. 64423.

299 N.W.2d 665 (1980)

STATE of Iowa, Appellee, v. Cecil Ray BURTLOW, Jr., Appellant.

Supreme Court of Iowa.

December 17, 1980.


Attorney(s) appearing for the Case

David D. Dunakey of Dunakey & Klatt, Waterloo, for appellant.

Thomas J. Miller, Atty. Gen., Julie F. Pottorff, Asst. Atty. Gen., and David H. Correll, Black Hawk County Atty., James C. Bauch and Eric Knoerschild, Asst. County Attys., for appellee.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, ALLBEE, and LARSON, JJ.


McCORMICK, Justice.

Defendant Cecil Ray Burtlow, Jr., appeals his guilty-plea conviction and sentence for escape in violation of section 719.4(1), The Code. He contends the record shows the plea lacked a factual basis. We find the factual basis would support conviction of an escape charge under subsection three but not subsection one of section 719.4. Therefore we reverse and remand.

Defendant was charged by trial...

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