¶1(dissenting).
¶2I dissent.
¶3Although Iowa Rule of Criminal Procedure 8(2)(b) requires the court to address the defendant personally in order to ascertain defendant’s understanding of those matters specifically designated in that rule, a failure to comply with this requirement should not in all instances entitle defendant to withdraw a plea of guilty. In State v. Kirchoff, 452 N.W.2d 801, 805 (Iowa 1990), we recognized that, if information concerning the rights listed in rule 8(2)(b) are conveyed to the defendant in the form of a written guilty plea, and it does not appear that defendant misunderstood the resulting loss of those rights, there is no entitlement to withdraw the plea. That appears to be the situation in regard to defendant’s plea in the present case. Moreover, it appears that when the guilty plea was entered this was much to defendant’s advantage. Without an affirmative showing on his part that he misunderstood his rights, he should not be permitted to withdraw his plea. See State v. West, 326 N.W.2d 316, 318 (Iowa 1982) (defendant must show he was misled concerning rule 8(2)(b) rights in order to withdraw plea).
¶4I would affirm the judgment of the district court.
¶5McGIVERIN, S.J., joins in this dissent.