State v. Gruber

McCORMICK, Justice.

The question here is whether defendant Ronald Merrill Gruber had a right to be present at the hearing upon his motion in arrest of judgment. We hold he did and therefore vacate the order overruling his motion entered after a hearing at which he was not present. We remand for a hearing in defendant’s presence.

In August 1977 defendant entered a plea of guilty to a charge of rape in violation of section 698.1, The Code 1975. In October 1977 he was sentenced for the offense to a term of not to exceed thirty-five years imprisonment.

In December 1977 defendant filed a motion in…