Iowa Court of Appeals overturns the guilty plea of a Postville man accused in Winneshiek County of third degree sexual abuse

The Iowa Court of Appeals has overturned a guilty plea in a Winneshiek County sexual abuse case involving a Postville man.

36-year-old Scott Hughes last March entered an Alford plea--a type of "no contest" plea--on charges of third-degree sexual abuse and assault with intent to commit sexual abuse.  The Alford plea concedes prosecutors likely have enough evidence for a conviction and the defendant accepts sentencing, but does not specifically admit guilt.

District Court Judge Richard Stochi then sentenced Hughes to serve up to 10 years in prison.  After the sentencing, Hughes filed an appeal, allegding that Judge Stochi had failed to advise him of the trial rights he would be giving up by entering a guilty plea.  

The State conceded the error, but claimed Hughes has waived his ability to challenge his guilty plea by failing to file a motion in arrest of judgment.  

Appeals Court judges sided with Hughes, sending the case back to Winneshiek County District Court to permit Hughes to plead anew.