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STATE v. SMOTHERS

No. 64308.

309 N.W.2d 506 (1981)

STATE of Iowa, Appellee, v. David Max SMOTHERS, Appellant.

Supreme Court of Iowa.

August 26, 1981.

Attorney(s) appearing for the Case

Gordon Liles, Fort Madison, for appellant.

Thomas J. Miller, Atty. Gen., and Julie F. Pottorff, Asst. Atty. Gen., for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McGIVERIN, LARSON, and SCHULTZ, JJ.

LARSON, Justice.

The defendant, David Max Smothers, was charged in a trial information with burglary in the second degree, §§ 713.1, 713.3, Code Supp.1977, and as a result of plea negotiations with the State, he entered a plea of guilty. He now appeals from the judgment entered on his plea, contending the trial court erred in failing to advise him he would thereby waive a jury trial and in failing to determine there was a factual basis for the plea, all...

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