State of Iowa
v.
Demetrias Martin
Appellee
State of Iowa
Appellant
Demetrias Martin
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Martha J. Lucey, State Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge. CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED. Considered by Bower, C.J., Ahlers, J., and Gamble, S.J. Opinion by Gamble, S.J. (20 pages)
Demetrias Martin appeals from his conviction for first-degree robbery. He claims his trial counsel was ineffective, the district court applied the wrong standard when considering his motion for new trial, and he is entitled to resentencing in accordance with Iowa Code section 902.12(2A) (2019). OPINION HOLDS: Martin is not entitled to relief on any of his ineffective-assistance-of-counsel claims. The district court applied the correct standard when evaluating Martin’s motion for new trial. And because the plain language of section 902.12(2A) provides that it applies retroactively to the time of Martin’s sentencing, he is entitled to resentencing to determine the length of the mandatory minimum imposed.