TINDELL v. STATE

No. 00-0118.

629 N.W.2d 357 (2001)

James Charles TINDELL, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

July 5, 2001.


Attorney(s) appearing for the Case

Philip B. Mears of Mears Law Office, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, William E. Davis, County Attorney, and Kelly Cunningham, Assistant County Attorney, for appellee.

Considered en banc.


LARSON, Justice.

In 1995 James Tindell entered a plea of guilty to fraudulent conduct under Iowa Code sections 502A.6 and 502A.14(1) (1995). He withdrew the plea at sentencing, however, because the sentencing judge refused to grant probation. On the same day, Tindell was sentenced by a different judge, without again pleading guilty. In this postconviction-relief proceeding, Tindell argues his sentence was "illegal" because "at the time of sentencing there was no plea...

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