State of Iowa v. Dereck Lorenzo Mitchell Elliott ( 2023 )

IN THE COURT OF APPEALS OF IOWA
No. 22-0740
Filed January 11, 2023
STATE OF IOWA,
Plaintiff-Appellee,
vs.
DERECK LORENZO MITCHELL ELLIOTT,
Defendant-Appellant.
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Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert,
Judge.
A defendant challenges the validity of his guilty plea on grounds that his
plea lacked a factual basis. APPEAL DISMISSED.
Mark C. Meyer, Cedar Rapids, for appellant.
Brenna Bird, Attorney General, and Bridget A. Chambers, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.
2
CHICCHELLY, Judge.
Dereck Elliott appeals from his guilty plea for assault while displaying a
dangerous weapon, in violation of Iowa Code sections 708.1(2)(c)
and 708.2(3) (2021). Elliott argues the district court failed to ensure the record
contained a factual basis for the statutory provisions under which he pled guilty.
To preserve error for direct appeal, Elliott needed to file a motion in arrest of
judgment with the district court. See Iowa R. Crim. P. 2.24(3)(a) (“A defendant’s
failure to challenge the adequacy of a guilty plea proceeding by motion in arrest of
judgment shall preclude the defendant’s right to assert such challenge on
appeal.”).
Elliott contends that his failure to file a motion in arrest of judgment, which
was an obligation explicitly acknowledged in his written plea, should be excused
because he established good cause to appeal. See Iowa Code § 814.6(1)(a)(3)
(permitting appeal from a conviction where the defendant pled guilty if good cause
is established). However, our supreme court recently answered this precise
question:
Because [the defendant] failed to file a motion in arrest of judgment,
he cannot establish good cause to pursue this direct appeal from his
guilty plea as a matter of right, and we lack jurisdiction to hear his
appeal. Dismissal of the appeal is required. Accordingly, we do not
reach the merits of his no-factual-basis challenge to his guilty plea.
State v. Hanes, 981 N.W.2d 454, 462 (Iowa 2022) (internal citations omitted).
Because Elliott failed to file a motion in arrest of judgment, we lack jurisdiction to
consider his direct appeal. Accordingly, we dismiss this appeal without further
opinion. See Iowa Ct. R. 21.26(1)(c), (e).
APPEAL DISMISSED.