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Case No. 18-1988

State of Iowa
v.
Dijonis Burkett Brown

Appellee

State of Iowa

Appellant

Dijonis Burkett Brown

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1988
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J. (17 pages)

           

            Dijonis Brown appeals his conviction following jury trial of first-degree robbery, a class “B” felony, in violation of Iowa Code sections 711.1 and .2 (2017).  He raises several ineffective-assistance-of-counsel claims and challenges an evidentiary ruling.  Brown also asks the court to remand his case to the district court so he may claim the benefit of a newly-enacted ameliorative sentencing statute applicable to mandatory minimums of first-degree robbery convictions.  OPINION HOLDS: We find Brown’s trial counsel was not ineffective and the district court did not abuse its discretion in its evidentiary ruling.  But, we find Brown is entitled to application of the ameliorative statute, so we vacate that portion of the sentencing order and remand for resentencing regarding the mandatory minimum. 

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