Donshey Purnell Reed
v.
State of Iowa
Appellant
Donshey Purnell Reed
Appellee
State of Iowa
Attorney for the Appellant
Christopher R. Kemp
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge. PCR DECISION AFFIRMED; SENTENCES VACATED IN PART AND REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., Potterfield, J., and Scott, S.J. Opinion by Vaitheswaran, P.J. (5 pages)
Donshey Reed appeals the district court’s denial of his application for postconviction relief (PCR), claiming (1) his sentence should be modified to remove illegally-imposed surcharges and (2) his PCR attorney was ineffective in “failing to present evidence or develop a record at the [PCR] proceeding.” OPINION HOLDS: We vacate Reed’s sentence and remand for removal of the inapplicable surcharges. We affirm the PCR court’s denial of Reed’s PCR application and preserve his claims that PCR counsel was ineffective for another possible postconviction-relief application.