State v. Smith

McCORMICK, Justice.

These consolidated appeals involve challenges to the validity of guilty pleas. We find the pleas were valid but one of the sentences was invalid. Therefore we affirm on one appeal and vacate the sentence and remand for resentencing on the other.

Defendant entered a guilty plea on August 28, 1979, to a charge of theft in the second degree in violation of sections 714.-1(6) and 714.2(2), The Code. The court accepted his plea and fixed sentencing for September 24,1979. On September 4,1979, while confined in jail awaiting sentence, defendant allegedly escaped. He was apprehended…