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Case No. 18-1434

Bryan Debarge Shuford
v.
Iowa District Court for Scott County

Appellant

Bryan Debarge Shuford

Appellee

Iowa District Court for Scott County

Attorneys for Appellant

Thomas Hurd

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1434
Date Published:
Apr 15, 2020
Summary

            Certiorari to the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  WRIT ANNULLED.  Considered by Bower, C.J., and May and Greer, JJ.  Tabor, J., takes no part.  Opinion by Greer, J.  (6 pages)

            Bryan Shuford contends his statutory and constitutional right to counsel was violated by the district court when his motion for illegal sentence and request for counsel was summarily denied by the district court without hearing and without appointing him an attorney.  Fifteen years after his sentencing, he now appeals from the order denying his 2018 motion to correct his sentence.  OPINION HOLDS: Shuford’s motion to correct an illegal sentence was proper.  But we avoid the question of whether Jefferson v. Iowa District Court, 926 N.W.2d 519, 524 (Iowa 2019), applies retroactively as, on appeal, Shuford does not challenge the substance of the district court’s denial of his motion to correct and does not make any semblance of a claim that his sentence is illegal.  We annul the writ.

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