STATE v. HARRY

No. 66574.

311 N.W.2d 108 (1981)

STATE of Iowa, Appellee, v. Earl L. HARRY, Appellant.

Supreme Court of Iowa.

October 21, 1981.


Attorney(s) appearing for the Case

Francis C. Hoyt, Jr., Appellate Defender, and Chris T. Odell, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., and Teresa Baustian, Asst. Atty. Gen., for appellee.

Considered by LeGRAND, P. J., and HARRIS, McCORMICK, ALLBEE, and LARSON, JJ.


HARRIS, Justice.

The question here is whether defendant's sentence, following a guilty plea, should be set aside because the trial judge refused to recuse himself. We find merit in defendant's contention and hence we vacate the sentence and remand the case for resentencing.

Defendant entered a guilty plea to the crime of burglary in the second degree. § 713.3, The Code 1981. To quote from his appellate brief, "[i]n this appeal, defendant is neither challenging...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases