An Atlantic man who was sentenced to five-years in prison earlier this week in connection with an incident of domestic assault, has filed an appeal with the Iowa Supreme Court. Cass County Attorney Dan Feistner reports Rex Dean McDermott appeared in Cass County District Court just before Noon today (Thursday), and filed an appeal of the sentence imposed by Judge Jeffrey L. Larson. The Court had set an appeal bond in the amount of $10,000, which has since been posted. McDermott was released from custody pending a final appeal of his sentence.

Feistner says pursuant to the Iowa Rules of Criminal and Appellate Procedure, McDermott will remain free on bond pending a final ruling by the Iowa Court of Appeals or the Iowa Supreme Court which could take anywhere from a few months to possibly six months or more. The appellate court (Iowa Court of Appeals or Iowa Supreme Court) will address any alleged legal issues by the defendant regarding the sentence previously imposed by Judge Jeffrey L. Larson.

The options of the appellate court are that it could: (a) affirm the lower District Court’s decision, (b) reverse and vacate the lower District Court’s decision, or (c) affirm the lower District Court’s decision in part and reverse and vacate its decision in part. Once a final decision has been rendered by the appellate court and Procedendo issues, the appeal is then finalized or closed and the matter is remanded or sent back to the lower District Court for any final action, if any, or the original sentence will be imposed.

On Sept. 23rd., McDermott plead guilty to a felony charge of Domestic Abuse Assault by Strangulation. At the time of his sentencing, he was committed to the custody of the Director, Iowa Department of Corrections for a prison term not to exceed five (5) years. The sentence was not suspended. Mittimus was ordered to issue immediately and the defendant was immediately taken into the custody of the Cass County Sheriff pending transport to the Iowa Medical and Classification Center (IMCC) at Oakdale, Iowa to serve out the five-year prison sentence. But again as of today (Thursday), he is free on bond.