STATE v. ELLIOTT (2023)

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.

CHICCHELLY, Judge.