IN THE COURT OF APPEALS OF IOWA No. 21-1957 Filed March 8, 2023

STATE OF IOWA, Plaintiff-Appellee, vs. RICKEY DEAN HUNSUCKER, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.

A defendant challenges his guilty plea to third-degree burglary. APPEAL DISMISSED.

John C. Heinicke of Kragnes & Associates, P.C., Des Moines, for appellant.

Brenna Bird, Attorney General, and Sheryl Soich, Assistant Attorney General, for appellee.

Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.

TABOR, Presiding Judge.

Rickey Hunsucker entered a written guilty plea to burglary in the third- degree, second offense. He now seeks to challenge that plea on appeal despite not moving for arrest of judgment—a step required by Iowa Rule of Criminal Procedure 2.24(3)(a). The State lobbies for dismissal, contending that Hunsucker cannot show good cause under Iowa Code section 814.6(1)(a)(3) (2021) for appealing his guilty plea. Finding no good cause, we dismiss this appeal.

Hunsucker admitted entering an unoccupied vehicle “without the right, license, or privilege to do so” in violation of Iowa Code sections 713.1 and 713.6A(2), a class “D” felony. Because he pleaded guilty in October 2021, supervisory orders from our supreme court allowed the district court to accept his plea in writing.1 Hunsucker claims that because his plea was in writing, it violated the rules of criminal procedure and his right to due process. He acknowledges that our supreme court recently upheld the use of written pleas for felonies in response to the global pandemic. See State v. Basquin, 970 N.W.2d 643, 659 (Iowa 2022) (giving “considerable weight to the governmental interest in safeguarding the public from the spread of contagious diseases”). But Hunsucker claims his case differs from Basquin. How? Hunsucker notes that unlike Basquin, he did not have

a plea agreement with the State. He also points to errors in his written plea form.2 Despite those minor differences, Basquin controls.3 Hunsucker was not excused from moving in arrest of judgment just because the advisory to do so was in writing rather than in-court. Because Hunsucker did not move in arrest of judgment, he cannot show good cause to appeal his guilty plea. See State v. Tucker, 959 N.W.2d 140, 154 (Iowa 2021).

APPEAL DISMISSED.