State of Iowa
v.
Murphy Lee Rutherford
Murphy Lee Rutherford seeks further review of the court of appeals decision affirming his conviction and sentence following a guilty plea to two counts of possession of a firearm by a felon and one count of second degree theft. The court determined that because he did not file a motion in arrest of judgment, it would not address his claim concerning his plea’s factual basis. The court also found the district court did not abuse its discretion during sentencing.
Resister
State of Iowa
Applicant
Murphy Lee Rutherford
Attorney for the Resister
Timothy M. Hau, Assistant Attorney General
Attorney for the Applicant
Theresa R. Wilson, Assistant Appellate Defender
Supreme Court
Oral Argument Schedule
Non-Oral
Sep 14, 2023 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Washington County, Mark E. Kruse, Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (7 pages)
Murphy Lee Rutherford appeals his conviction and sentence imposed following a plea deal. He claims the plea lacked a factual basis. He also claims the court abused its discretion in sentencing. OPINION HOLDS: Because Rutherford did not move in arrest of judgment, we do not reach his claim related to the plea’s factual basis. We conclude the court did not abuse its discretion during sentencing.