Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-2121

State of Iowa
Joshua Andre Black


State of Iowa


Joshua Andre Black

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Kevin Hobbs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 09, 2019

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J.  (3 pages)

            Joshua Black appeals his conviction and sentence after pleading guilty of domestic abuse assault.  He argues the sentencing procedure was defective and counsel was ineffective.  OPINION HOLDS: We find Black did not knowingly and intentionally waive his right of allocution.  Thus, we must remand for resentencing.  We also find the record is insufficient to address his ineffective-assistance claim.  So we preserve his claims for a future postconviction-relief action.

© 2024 Iowa Judicial Branch. All Rights Reserved.