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Case No. 19-0839

State of Iowa
Sullivan Pierre Smith-Berry


State of Iowa


Sullivan Pierre Smith-Berry

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 03, 2020

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  CONVICTIONS REVERSED IN PART, SENTENCES VACATED, AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Bower, C.J. (9 pages)

            Sullivan Pierre Smith-Berry appeals his convictions for sexual assault and three counts of robbery in the first degree, asserting his conduct constituted only one act of robbery—not three—and his trial counsel was ineffective by failing to challenge the sufficiency of the evidence on two additional counts of robbery.  Smith-Berry also argues the district court lacked statutory authority to require him to complete sex-offender assessment and treatment after imposing a sentence of incarceration for his sexual-assault conviction, and he asks to be resentenced on his robbery convictions pursuant to the recently enacted Iowa Code section 902.12(3) and 901.11(3) (2019).  OPINION HOLDS: We reverse two robbery convictions, vacate the sentences, and remand for resentencing.

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