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STATE v. MALLETT

No. 02-1675.

677 N.W.2d 775 (2004)

STATE of Iowa, Appellee, v. Tony Augustus MALLETT, Appellant.

Supreme Court of Iowa.

April 7, 2004.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and James G. Tomka, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Cristen C. Odell, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kimberly Griffith, Assistant County Attorney, for appellee.

LARSON, Justice.

Tony Mallett was convicted of second-degree robbery as an habitual offender. He was sentenced and then appealed. While the appeal was pending, Mallett filed a motion for new trial on the ground he had not been arraigned in the case that was on appeal. The district court denied the motion. We hold the district court was deprived of jurisdiction to rule on the motion for new trial because of Mallett's pending appeal and therefore vacate the district...

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