State v. Birch

McCORMICK, Justice.

Defendant Daniel Ray Birch appeals from judgment entered on his guilty plea to a charge of criminal mischief in the third degree in violation of section 716.5, The Code. The questions concern the sufficiency of his notice of appeal and the remedy for the trial court’s failure to determine whether the plea had a factual basis. We hold that the notice of appeal was adequate and that the case should be remanded to permit the State to attempt to establish a factual basis for the plea. Therefore we remand with instructions.

I. The notice of appeal. Section 814.4, The Code,…