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STATE v. MARTIN

No. 09-0057.

778 N.W.2d 201 (2009)

STATE of Iowa, Plaintiff-Appellee, v. Kelly Tyrone MARTIN, Defendant-Appellant.

Court of Appeals of Iowa.

November 12, 2009.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Stephan Japuntich, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Martha Trout, Assistant Attorney General, John P. Sarcone, County Attorney, and Justin Allen, Assistant County Attorney, for appellee.

Considered by VOGEL, P.J., DOYLE and MANSFIELD, JJ.

VOGEL, P.J.

Kelly Martin appeals his conviction for first-degree theft in violation of Iowa Code sections 714.1 and 714.2(1) (2007). On appeal, Martin argues that a factual basis does not support his Alford plea because the record does not establish that he had an intent to permanently deprive the owner of her property. Additionally, if he failed to preserve this claim for appellate review, he raises it in an ineffective...

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