State of Iowa v. Brandon Lee Fisher
CourtCourt of Appeals of Iowa
Date FiledOctober 21, 2026
Docket25-1546
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1546
Filed October 21, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Brandon Lee Fisher,
Defendant–Appellant.
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Appeal from the Iowa District Court for Muscatine County,
The Honorable Gary P. Strausser, Judge.
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APPEAL DISMISSED
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Leah Patton of Patton Legal Services, LLC, Ames, attorney for appellant.
Brenna Bird, Attorney General, and Nicholas E. Siefert, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Ahlers, P.J., and Chicchelly and Langholz, JJ.
Opinion by Langholz, J.
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LANGHOLZ, Judge.
In August 2025, Brandon Fisher entered a written guilty plea to driving
while barred, an aggravated misdemeanor, pursuant to a plea agreement.
See Iowa Code § 321.561 (2025). In that agreement—which was conditioned
on the court’s acceptance under Iowa Rule of Criminal Procedure 2.10(3)—
Fisher and the State agreed to a 160-day jail sentence, with all but ten days
suspended and two years of probation. They also agreed to imposition of a
fine and “payment of attorney fees & costs.” And the agreement specifically
provided that “the State of Iowa has made the payment of Category B
restitution,” including this “repayment for your legal defense” and “court
costs,” “a condition of this plea agreement and as a condition thereof, you,
the defendant, agree to pay these sums and they will be ordered by the Court
in accordance with this agreement.” The court accepted the plea and
ultimately imposed the agreed-to sentence.1
Fisher now appeals, arguing that a plea agreement cannot “waive a
defendant’s statutory right to a reasonable ability to pay determination of
category B restitution” and alternatively that “he did not knowingly,
voluntarily, and intelligently waive that right.” He thus seeks to vacate his
sentence so that the court can reconsider his reasonable ability to pay any
Category B restitution or to withdraw his guilty plea. But we lack appellate
jurisdiction because Fisher has failed to show good cause to appeal a sentence
that the court was bound to impose under rule 2.10(3) or to appeal a guilty
plea when he failed to move in arrest of judgment.
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At first, the court found that Fisher only had the reasonable ability to pay $100 of
Category B restitution. But Fisher successfully moved for the court to correct the
sentencing order to replace that provision with one finding that he is able to, and must,
pay all Category B restitution as required by the plea agreement.
2
Our jurisdiction over appeals by criminal defendants is set by Iowa
Code section 814.6. See State v. Hightower, 8 N.W.3d 527, 534 (Iowa 2024).
Relevant here, “[s]ubsection 814.6(1)(a)(3) sets a general rule that there is no
right of appeal from a conviction where the defendant has pled guilty.” Id.
(cleaned up). That subsection “also specifies two exceptions: one for a guilty
plea for a class ‘A’ felony and another for a case where the defendant
establishes good cause.” Id. (cleaned up). The defendant “bears the burden
of establishing good cause to pursue an appeal of his conviction based on a
guilty plea.” State v. Tucker, 959 N.W.2d 140, 153 (Iowa 2021) (cleaned up).
Unless one of those two exceptions applies, we are “without jurisdiction to
hear the appeal, and we must dismiss the appeal.” Hightower, 8 N.W.3d at 534
(cleaned up).
Fisher pleaded guilty to an aggravated misdemeanor—not a class “A”
felony. So we only have appellate jurisdiction if he “establishes good cause.”
Iowa Code § 814.6(1)(a)(3). The statute does not define “good cause.” But
our supreme court has interpreted it to mean “a legally sufficient reason.”
Tucker, 959 N.W.2d at 153 (cleaned up). What constitutes such a legally
sufficient reason is “context specific.” Id. And “at minimum,” the reason
must be one that “would allow a court to provide some relief on direct
appeal.” Id.
Fisher seeks to establish good cause solely by framing his appeal as a
challenge to his sentence. Our supreme court has held that a defendant
generally has good cause to appeal a sentence that is “neither mandatory nor
agreed to in the plea bargain.” State v. Damme, 944 N.W.2d 98, 100
(Iowa 2020). So too does good cause exist to challenge an error with the
sentencing hearing even if the court imposes a sentence consistent with an
agreed sentence—at least where the court was not “bound to enter a
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particular sentence pursuant to” a plea “agreement made under Iowa Rule
of Criminal Procedure 2.10(3).” State v. Hidlebaugh, 32 N.W.3d 783, 791
(Iowa 2026). But the supreme court has left “for another day” whether good
cause would exist for a similar challenge after an accepted rule 2.10(3) plea.
Id. And our court has repeatedly held that challenging only the imposition of
a binding sentence after an accepted rule 2.10(3) plea is not good cause to
appeal. See, e.g., State v. Green, No. 25-0440, 2026 WL 1329718, at *2 (Iowa
Ct. App. May 13, 2026); State v. Cordona, No. 25-0083, 2026 WL 221511,
at *1 (Iowa Ct. App. Jan. 28, 2026); cf. State v. Major, No. 19-2055, 2021 WL
3662311, at *1 (Iowa Ct. App. Aug. 18, 2021) (finding no good cause for an
appeal challenging only a mandatory part of the sentence).
Fisher and the State entered a plea agreement under rule 2.10(3). He
received the full benefit of his plea bargain. Indeed, by negotiating a rule
2.10(3) plea, he expressly made the court’s “[c]oncurrence” in the plea
agreement “a condition of the plea agreement” and reserved his right to
withdraw the guilty plea and go to trial if the court “refuse[d] to be bound by
the plea agreement or reject[ed] its terms.” See Iowa R. Crim. P. 2.10(3);
Hightower, 8 N.W.3d at 542. What’s more, when the court initially failed to
include the provision on Category B restitution that Fisher now challenges,
Fisher successfully moved for the court to correct the sentencing order to add
it, as required by the plea agreement. So he cannot now claim that the court
erred by granting his repeated requests to adopt the agreement in its entirety.
This conclusion is also consistent with the longstanding rules that “[a] party
to a criminal proceeding cannot assume inconsistent positions in the trial and
appellate courts” nor “allege an error in which he himself acquiesced, or
which was committed or invited by him, or was the natural consequence of
his own actions.” State v. Rasmus, 90 N.W.2d 429, 430 (Iowa 1958)
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(cleaned up). Fisher’s challenge to his sentence does not provide good cause
for his appeal.
Although Fisher makes an alternative merits argument that his guilty
plea was not knowing, intelligent, and voluntary and that he should thus be
permitted to withdraw his guilty plea, he does not rely on this argument in
seeking to establish good cause separate from his sentencing challenge. For
completeness, we still consider whether this alternative challenge to his
guilty plea could provide good cause for his appeal. See Hightower, 8 N.W.3d
at 534 (noting that jurisdiction can be established for an appeal by showing
good cause as to any one issue). But regardless of the challenge’s ultimate
merits, we could not provide any relief on this issue either because Fisher
waived his right to file a motion in arrest of judgment and was immediately
sentenced after being advised of the consequence of failing to file that motion.
See Tucker, 959 N.W.2d at 153–54 (holding that the defendant did not show
good cause because his “failure to file a motion in arrest of judgment
preclude[d] appellate relief”); State v. Taylor, 301 N.W.2d 692, 692–93
(Iowa 1981) (holding that advisory warning the defendant “if we sentence
you immediately that right [to challenge the guilty plea] is gone” was
adequate to preclude appellate review). And so, Fisher’s challenge to his
guilty plea also does not provide good cause for his appeal.
Because Fisher has not shown good cause, we lack jurisdiction and
must dismiss his appeal.
APPEAL DISMISSED.
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