State of Iowa
v.
Jerry Darnell Mosley
Defendant appealed the judgment and sentence entered on his convictions for first-degree burglary and assault causing bodily injury. He contended: (1) the burglary conviction was not supported by the evidence; (2) his trial counsel was ineffective in failing to object to testimony outside the scope of the minutes of testimony; (3) his conviction for assault causing bodily injury should have merged with the conviction for first-degree burglary; and (4) he was ordered to pay restitution for court costs and attorney fees without a determination of his reasonable ability to pay. The court of appeals affirmed the conviction for first-degree burglary, preserved the ineffective assistance claim for postconviction relief, found the restitution issue was premature, and vacated the sentence and remanded for merger of the assault and burglary convictions. Defendant seeks further review.
Resister
State of Iowa
Applicant
Jerry Darnell Mosley
Attorney for the Resister
Tyler J. Buller, Assistant Attorney General
Attorney for the Applicant
Martha J. Lucey, Assistant Appellate Defender
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 09, 2019 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Clay County, Carl J. Peterson, Judge. CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., Potterfield, J., and Blane, S.J. Opinion by Vaitheswaran, P.J. (7 pages)
Jerry Mosley appeals his convictions and sentence for first-degree burglary and assault causing bodily injury raising claims of insufficiency of evidence, ineffective assistance of counsel, failure to merge, and inappropriate imposition of restitution costs. OPINION HOLDS: We affirm Mosley’s conviction for first-degree burglary, preserve his ineffective-assistance claim for postconviction proceedings, and vacate his sentence, remanding for merger of the assault and burglary convictions.