STATE v. TOBIN

No. 67758.

333 N.W.2d 842 (1983)

STATE of Iowa, Appellee, v. Steven Leon TOBIN, Appellant.

Supreme Court of Iowa.

Rehearing Denied June 9, 1983.


Attorney(s) appearing for the Case

Francis C. Hoyt, Appellate Defender, and Patrick R. Grady, Asst. Appellate Defender, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., John P. Messina, Asst. Atty. Gen., and Eugene J. Kopecky, Linn County Atty., for appellee.

Considered by HARRIS, P.J., and McCORMICK, SCHULTZ, CARTER and WOLLE, JJ.


McCORMICK, Justice.

We granted further review of a court of appeals decision to determine whether the failure of trial court counsel for defendant Steven Leon Tobin to preserve error on a constitutional issue invalidates defendant's guilty plea. We find that defendant's guilty plea is not invalid and that we may decide the constitutional issue. Because the constitutional challenge is without merit we vacate the decision of the court of appeals and affirm the trial...

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