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Case No. 18-1864

State of Iowa
v.
Harold Lamorn Dudley

Appellee

State of Iowa

Appellant

Harold Lamorn Dudley

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1864
Date Published:
Mar 18, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR RESENTENCING.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J. (11 pages)

            A defendant appeals from convictions related to the murder of his wife.  OPINION HOLDS:  The defendant’s ineffective-assistance-of-counsel claim fails because there is no reasonable probability of a different result had text messages or testimony about the text messages been excluded.  We find the sentencing court properly stated its reasons for imposing consecutive sentences and affirm.  We vacate a portion of the defendant’s sentence and remand for recalculation of restitution in light of Iowa Supreme Court precedent.

Date Amended:
Mar 20, 2020
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