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Case No. 18-0082

Jacolby Japriest Pendleton
v.
State of Iowa

Appellant

Jacolby Japriest Pendleton

Appellee

State of Iowa

Attorneys for Appellant

Thomas M. McIntee

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0082
Date Published:
Apr 03, 2019
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Jacolby Pendleton appeals the denial of his application for postconviction relief (1) challenging the specificity of the postconviction court’s findings of fact, (2) contending his mandatory minimum sentence constituted cruel and unusual punishment, and (3) arguing his attorneys were ineffective in several respects.  OPINION HOLDS: We conclude the postconviction court made fact findings on the issues raised.  Pendleton was an adult offender, so his mandatory minimum sentence did not constitute cruel and unusual punishment.  In terms of the defendant’s representation by counsel during various phases, we find the sentencing argument unpersuasive; none of Pendleton’s attorneys were ineffective in failing to raise the cruel-and-unusual-punishment claims.  We preserve the remaining ineffective-assistance-of-counsel claims for a possible second postconviction-relief action.  We affirm the denial of Pendleton’s postconviction-relief application.

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