State v. Tobin

McCORMICK, Justice.

We granted further review of a court of appeals decision to determine whether the failure of trial court counsel for defendant Steven Leon Tobin to preserve error on a constitutional issue invalidates defendant’s guilty plea. We find that defendant’s guilty plea is not invalid and that we may decide the constitutional issue. Because the constitutional challenge is without merit we vacate the decision of the court of appeals and affirm the trial court.

Defendant was charged with violating Iowa Code section 714.2(2) (1981), which provides:

The theft of any property not…