Bryan Debarge Shuford
v.
Iowa District Court for Scott County
Appellant
Bryan Debarge Shuford
Appellee
Iowa District Court for Scott County
Attorney for the Appellant
Thomas Hurd
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
