State of Iowa
v.
Korki Ricoh Wilbourn
Korki Ricoh Wilbourn seeks further review of the court of appeals decision affirming his conviction following a guilty plea. The court of appeals determined that because judgment was entered after July 1, 2019, Wilbourn has no right to appeal his guilty plea, and he failed to establish “good cause” to challenge the agreed-upon sentence. Iowa Code § 814.6(1)(a)(3). Regarding Wilbourn’s argument regarding a discrepancy between the court’s oral and written pronouncement of sentence, the court of appeals found that it should be corrected through a nunc pro tunc order.
Resister
State of Iowa
Applicant
Korki Ricoh Wilbourn
Attorney for the Resister
Israel Kodiaga
Attorney for the Applicant
Mary K. Conroy
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 15, 2021 9:00 AM
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 Marshall County, John J. Haney, Judge. AFFIRMED AND REMANDED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Schumacher, J. (10 pages)
Korki Wilbourn appeals the sentence imposed following his guilty pleas, arguing the district court abused its discretion by failing to consider or understand its discretion to reduce his mandatory minimum sentence and further asks the court to correct a discrepancy between its oral and written pronouncement of sentence. OPINION HOLDS: We find Wilbourn failed to establish good cause to appeal his sentence, as the court adopted the joint sentencing recommendation of the parties. We affirm the conviction and sentence. However, the discrepancy concerning the fine on the drug-tax-stamp conviction should be corrected via a nunc pro tunc order.