Iowa Code 814.6 – The defendant as appellant or applicant
Current as of: 2024 | Check for updates
|
Other versions
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | life | |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 814.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Venue: The geographical location in which a case is tried.
814.6 The defendant as appellant or applicant.
1. Right of appeal is granted the defendant from:
a. A final judgment of sentence, except in the following cases: (1) A simple misdemeanor conviction.
(2) An ordinance violation.
(3) A conviction where the defendant has pled guilty. This subparagraph does not apply to a guilty plea for a class “”A”” felony or in a case where the defendant establishes good cause.
b. An order for the commitment of the defendant for insanity or drug addiction.
2. Discretionary review may be available in the following cases:
a. An order suppressing or admitting evidence.
b. An order granting or denying a motion for a change of venue.
c. An order denying probation.
d. Simple misdemeanor and ordinance violation convictions.
e. An order raising a question of law important to the judiciary and the profession.
f. An order denying a motion in arrest of judgment on grounds other than an ineffective assistance of counsel claim.
3. A conditional guilty plea that reserves an issue for appeal shall only be entered by the court with the consent of the prosecuting attorney and the defendant or the defendant’s counsel. An appellate court shall have jurisdiction over only conditional guilty pleas that comply with this section and when the appellate adjudication of the reserved issue is in the interest of justice.
[C79, 81, §814.6; 82 Acts, ch 1021, §9, 12(1)]
2019 Acts, ch 140, §28, 29; 2023 Acts, ch 98, §2
Referred to in §910.3
Guilty plea challenges, see §814.29
NEW subsection 3
1. Right of appeal is granted the defendant from:
a. A final judgment of sentence, except in the following cases: (1) A simple misdemeanor conviction.
(2) An ordinance violation.
(3) A conviction where the defendant has pled guilty. This subparagraph does not apply to a guilty plea for a class “”A”” felony or in a case where the defendant establishes good cause.
b. An order for the commitment of the defendant for insanity or drug addiction.
2. Discretionary review may be available in the following cases:
a. An order suppressing or admitting evidence.
b. An order granting or denying a motion for a change of venue.
c. An order denying probation.
d. Simple misdemeanor and ordinance violation convictions.
e. An order raising a question of law important to the judiciary and the profession.
f. An order denying a motion in arrest of judgment on grounds other than an ineffective assistance of counsel claim.
3. A conditional guilty plea that reserves an issue for appeal shall only be entered by the court with the consent of the prosecuting attorney and the defendant or the defendant’s counsel. An appellate court shall have jurisdiction over only conditional guilty pleas that comply with this section and when the appellate adjudication of the reserved issue is in the interest of justice.
[C79, 81, §814.6; 82 Acts, ch 1021, §9, 12(1)]
2019 Acts, ch 140, §28, 29; 2023 Acts, ch 98, §2
Referred to in §910.3
Guilty plea challenges, see §814.29
NEW subsection 3