Jacolby Japriest Pendleton
v.
State of Iowa
Appellant
Jacolby Japriest Pendleton
Appellee
State of Iowa
Attorney for the Appellant
Thomas M. McIntee
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
