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Case No. 19-0072

State of Iowa
v.
Brett Eugene Noble

Appellee

State of Iowa

Appellant

Brett Eugene Noble

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Jeffrey L. Powell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0072
Date Published:
Feb 19, 2020
Summary

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED. Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (6 pages)

            On appeal from a remand order, Brett Noble contends (1) “the district court improperly applied existing law when it vacated [his] voluntary manslaughter conviction and resentenced [him] on attempted murder in a ‘one homicide’ case, resulting in an illegal sentence” and (2) his “appellate and resentencing counsel were ineffective for not adequately contesting the court of appeals decision that incorrectly instructed vacating voluntary manslaughter instead of attempted murder at resentencing.”  OPINION HOLDS: We affirm Noble’s amended sentence.

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