State of Iowa v. Jeffrey Brian Bettis
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-0576
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-0576
Filed October 7, 2026
_______________
State of Iowa,
Plaintiff–Appellee,
v.
Jeffrey Brian Bettis,
Defendant–Appellant.
_______________
Appeal from the Iowa District Court for Clinton County,
The Honorable Patrick A. McElyea, Judge.
_______________
APPEAL DISMISSED
_______________
Erin Carr of Carr Law Firm, P.L.C., Des Moines, attorney for appellant.
Brenna Bird, Attorney General, and Martha E. Trout (until withdrawal) and
Tessa Register, Assistant Attorneys General, attorneys for appellee.
_______________
Considered without oral argument
by Greer, P.J., Badding, J., and Doyle, S.J.
Opinion by Doyle, S.J.
1
DOYLE, Senior Judge.
The State charged Jeffrey Bettis with four counts of first-degree
robbery, one count of first-degree burglary, and one count of felon in
possession of a firearm as a habitual offender. Bettis moved to suppress
evidence obtained following a traffic stop, which the district court denied.
The parties eventually reached a plea agreement in which Bettis
agreed to plead guilty to two counts of first-degree robbery in exchange for
dismissal of the remaining counts. The agreement did not provide for Bettis
to enter a conditional guilty plea. See Iowa R. Crim. P. 2.8(2)(b)(9). Before
sentencing, Bettis filed a motion in arrest of judgment. Bettis claimed the
plea proceedings were procedurally defective for not fully explaining what
rights he was forfeiting and that he was not informed of the possibility of
entering a conditional guilty plea to preserve his ability to challenge the denial
of his motion to suppress on appeal.
The district court considered the motion in arrest of judgment at the
sentencing hearing. When the district court asked Bettis whether he would
have still pled guilty if the purported plea deficiencies had not occurred,
Bettis equivocated. He stated, “I just want to give my definitive answer of I
don’t know.” The court then questioned the attorneys as to whether a
conditional plea would have been an option in this case. The prosecutor
explained that the State never offered to enter into a conditional plea. The
court then explained to Bettis that the plea proceedings were not deficient for
failing to discuss a type of plea that was never offered to him, to which Bettis
agreed. And then it denied the motion in arrest of judgment in its entirety
and proceeded with sentencing.
Bettis then filed this appeal challenging the denial of his motion in
arrest of judgment and claiming he has good cause to appeal as a matter of
2
right despite his guilty plea. See Iowa Code § 814.6(1)(a)(3) (2025). The
State counters that because Bettis is seeking review of the denial of his
motion in arrest of judgment, he must seek discretionary review under Iowa
Code section 814.6(2)(f ) rather than appeal as a matter of right. We agree
with the State. State v. Merten, No. 24-1614, 2026 WL 222308, at *2 (Iowa
Ct. App. Jan. 28, 2026) (“Discretionary review, not direct appeal, is the
appropriate appellate vehicle for denials of motions in arrest of judgment.”);
see also id. at *4 (Badding, P.J., specially concurring) (“[T]his case is only
concerned with the denial of a motion in arrest of judgment and thus solely
within the discretionary review provisions of section 814.6(2).”). However,
our rules of appellate procedure allow us to proceed as though the proper
form of review has been requested. Iowa R. App. P. 6.151(1). So we proceed
as though Bettis sought discretionary review, and “consider whether to
invoke our extraordinary jurisdiction and grant discretionary review.”
Merten, 2026 WL 222308, at *2.
We may grant discretionary review if we determine “substantial justice
has not been accorded” to Bettis. Iowa R. App. P. 6.106(2). Because Bettis
did not demonstrate that he would not have pled guilty but for the purported
plea deficiencies, the State contends Iowa Code section 814.29 precludes us
from granting discretionary review. See Iowa Code § 814.29 (“If a defendant
challenges a guilty plea based on an alleged defect in the plea proceedings,
the plea shall not be vacated unless the defendant demonstrates that the
defendant more likely than not would not have pled guilty if the defect had
not occurred.”). Again, we agree with the State. Here, the district court
specifically asked Bettis if he would have refused to plead guilty had the
purported plea deficiencies not occurred. And he responded that he didn’t
know—falling far short of section 814.29’s requirement that Bettis show
“more likely than not [he] would not have pled guilty if the defect had not
3
occurred.” We understand Bettis now claims in his appellate brief that he
would not have pled guilty had he better understood the rights he was
forfeiting, but the underlying record betrays his present assertion. And we
highlight that the plea favored Bettis. The agreement resulted in the
dismissal of three class “B” felonies and one class “D” felony, significantly
reducing his sentencing exposure.
Because section 814.29 forecloses our ability to grant Bettis any relief,
Bettis’s claims are unfit for discretionary review. We decline to grant
discretionary review and dismiss the appeal.
APPEAL DISMISSED.
4