State of Iowa v. Jessie Jarell Marshall, 16-1729

Defendant Jessie Marshall pleaded guilty to possession of a controlled substance (marijuana), third offense, in Woodbury County, Iowa.
Marshall signed a written "Waiver of Rights and Guilty Plea" that included a handwritten line waiving presence at sentencing and allocution.
Marshall did not file a motion in arrest of judgment challenging his guilty plea procedures after sentencing.
On appeal he argued (1) the district court failed to inform him of the mandatory minimum 48-hour incarceration as required by Iowa R. Crim. P. 2.8(2)(b)(2), and (2) his written waiver of allocution was insufficiently informed/knowing.
The district court accepted the plea and sentenced; the Court of Appeals reviewed plea-preservation rules and waiver doctrine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Marshall preserved a challenge that the court failed to inform him of the mandatory minimum sentence	State: Marshall failed to preserve the claim because he did not file a motion in arrest of judgment and his written plea warned that failure to file would preclude appellate review	Marshall: Court did not inform him of the mandatory 48-hour minimum in violation of rule 2.8(2)(b)(2), so plea is infirm	Not preserved — affirmed. Written plea informed him of motion-in-arrest requirement; no motion filed
Whether Marshall knowingly and intentionally waived his right of allocution via the written plea	State: The written waiver (including handwritten language) adequately waived presence at sentencing and allocution	Marshall: The handwritten notation did not explain allocution’s meaning, so waiver was not knowing and unambiguous	Waiver valid — affirmed. Express written waiver of presence at sentencing and allocution was sufficient

State v. Fisher, 877 N.W.2d 676 (Iowa 2016) (written waiver can satisfy motion-in-arrest-of-judgment notice requirement)
State v. Meron, 675 N.W.2d 537 (Iowa 2004) (defendant must file motion in arrest of judgment to preserve guilty-plea challenges)
State v. Barnes, 652 N.W.2d 466 (Iowa 2002) (written plea provisions can preclude appellate challenges if a motion in arrest is not filed)
State v. Craig, 562 N.W.2d 633 (Iowa 1997) (standard of review for sentencing procedures — abuse of discretion)
State v. Jones, 817 N.W.2d 11 (Iowa 2012) (allocution is waivable)
State v. Lumadue, 622 N.W.2d 302 (Iowa 2001) (waiver must be knowing and intentional)
State v. Seager, 571 N.W.2d 204 (Iowa 1997) (waiver defined as intentional relinquishment of a known right)
State v. Fountain, 786 N.W.2d 260 (Iowa 2010) (ineffective-assistance claims are exception to preservation rules)