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Case No. 19-0877

Ricky Mahnesmith
v.
State of Iowa

Appellant

Ricky Mahnesmith

Appellee

State of Iowa

Attorneys for Appellant

Jamie Hunter

Attorneys for Appellee

Thomas J. Ogden, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0877
Date Published:
Dec 16, 2020
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (13 pages)

            Ricky Mahnesmith appeals the summary dismissal of his postconviction-relief application, which sought relief related to his convictions in AGCR0225566 and FECR022424.  OPINION HOLDS: The postconviction court erred in dismissing Mahnesmith’s claims relating to AGCR0225566 as time-barred.  No new ground of law or fact excuses Mahnesmith’s failure to file his claims relating to FECR022424 within the three-year statutory period.  We remand Mahnesmith’s claims that (1) counsel was ineffective for failing to investigate potential defenses in AGCR0225566, (2) counsel was ineffective in failing to condition his plea on the court’s acceptance of the sentencing recommendation, and (3) his sentence was cruel and unusual punishment.  We also remand for the court to hold a hearing on Mahnesmith’s ability to pay costs.

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