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Case No. 17-1988

State of Iowa
Andre Lesure Johnson


State of Iowa


Andre Lesure Johnson

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Denise M. Gonyea

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 06, 2019

            Appeal from the Iowa District Court for Floyd County, Rustin T. Davenport, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (11 pages)

            Andre Johnson appeals his conviction and sentence for first-degree burglary.  He alleges several instances of ineffective assistance, claims the district court erred in denying his motion for new trial, requests resentencing due to alleged defects in the sentencing procedure, and claims his sentence amounts to cruel and unusual punishment.  OPINION HOLDS:  Because the State provided overwhelming evidence of Johnson’s guilt, Johnson cannot establish the necessary resulting prejudice from any instance of ineffective assistance—individually or cumulatively.  The court applied the correct standard and did not abuse its discretion when denying the motion for new trial.  There was no defect in Johnson’s sentencing requiring resentencing, and his sentence was not cruel and unusual.

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