STATE v. SMITH

No. 07-0687.

753 N.W.2d 562 (2008)

STATE of Iowa, Appellant, v. Lee Andrew SMITH, Appellee.

Supreme Court of Iowa.

July 25, 2008.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Linda Fangman, Assistant County Attorney, for appellant.

John J. Sullivan of Sullivan Law Office, Oelwein, for appellee.


WIGGINS, Justice.

In this case we must decide whether a defendant who waived his right to file a motion in arrest of judgment at his initial sentencing, and whom the district court ordered to be resentenced because his original sentence was illegal, can file a motion in arrest of judgment before he is resentenced. Because we find the defendant cannot file a motion in arrest of judgment before resentencing under these circumstances...

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