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IN THE COURT OF APPEALS OF IOWA No. 9-742 / 08-1831 Filed December 30, 2009

STATE OF IOWA, Plaintiff-Appellee, vs. GEORGE SNEED GIVENS, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Linn County, Robert E. Sosalla (guilty plea) and Douglas S. Russell (sentencing), Judges.

A defendant appeals his conviction and sentence for assault with a weapon, contending that his guilty plea was not knowing, voluntary, and intelligent. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Thomas Gaul, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, Harold Denton, County Attorney, and Nicholas Maybanks, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., and Vaitheswaran and Danilson, JJ.

2 VAITHESWARAN, J. George Givens pleaded guilty to assault with a weapon, an aggravated misdemeanor. See Iowa Code

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