STATE v. BIRCH

No. 64923.

306 N.W.2d 781 (1981)

STATE of Iowa, Appellee, v. Daniel Ray BIRCH, Appellant.

Supreme Court of Iowa.

June 17, 1981.


Attorney(s) appearing for the Case

Francis Wm. Henkels of Sprengelmeyer & Henkels, Dubuque, for appellant.

Thomas J. Miller, Atty. Gen., Richard L. Cleland, Asst. Atty. Gen., and James G. Schilling, Asst. County Atty., for appellee.

Considered by REYNOLDSON, C.J., and LeGRAND, McCORMICK, ALLBEE, and SCHULTZ, JJ.


McCORMICK, Justice.

Defendant Daniel Ray Birch appeals from judgment entered on his guilty plea to a charge of criminal mischief in the third degree in violation of section 716.5, The Code. The questions concern the sufficiency of his notice of appeal and the remedy for the trial court's failure to determine whether the plea had a factual basis. We hold that the notice of appeal was adequate and that the case should be remanded to permit the State to attempt to establish...

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