State of Iowa
v.
Brett Eugene Noble
Appellee
State of Iowa
Appellant
Brett Eugene Noble
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Jeffrey L. Powell
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
