State of Iowa
v.
Joseph Eugene Shade
Appellee
State of Iowa
Appellant
Joseph Eugene Shade
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Karen A. Romano and Carla T. Schemmel, Judges. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (9 pages)
Joseph Shade appeals his sentence for first-degree robbery. Shade argues he received ineffective assistance of counsel because his attorney did not argue the sentencing court was required to hold a Miller hearing before sentencing. He also claims the court erred in imposing a law-enforcement-initiative surcharge. OPINION HOLDS: Because the court did not sentence Shade to a mandatory-minimum term of incarceration, a Miller hearing was not required, and counsel was not ineffective for failing to request one. The court erred in imposing the law-enforcement-initiative surcharge because it is not authorized by statute for this offense.
