STATE v. SMITH

Nos. 65180, 65181.

300 N.W.2d 90 (1981)

STATE of Iowa, Appellee, v. Gary Wayne SMITH, Appellant.

Supreme Court of Iowa.

January 14, 1981.


Attorney(s) appearing for the Case

Stephen A. Hall of Hall, Ewalt & Hall, Indianola, for appellant.

Thomas J. Miller, Atty. Gen., Thomas N. Martin, Asst. Atty. Gen., and John W. Criswell, County Atty., for appellee.

Considered by LeGRAND, P. J., UHLENHOPP, McCORMICK, LARSON, and SCHULTZ, JJ.


McCORMICK, Justice.

These consolidated appeals involve challenges to the validity of guilty pleas. We find the pleas were valid but one of the sentences was invalid. Therefore we affirm on one appeal and vacate the sentence and remand for resentencing on the other.

Defendant entered a guilty plea on August 28, 1979, to a charge of theft in the second degree in violation of sections 714.1(6) and 714.2(2), The Code. The court accepted his plea and fixed sentencing...

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