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Case No. 19-0889

Michael Troy Eskridge
v.
State of Iowa

Appellant

Michael Troy Eskridge

Appellee

State of Iowa

Attorney for the Appellant

Lauren M. Phelps

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0889
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Michael Eskridge sold crystal methamphetamine to undercover police officer three times.  The district court sentenced him to a mandatory minimum of eight and one-third years.  In his allocution, Michael asked the court to consider letters and class certificates and to use its discretion to reduce the mandatory minimum sentence from 8.3 years to 5.6 years.  At the postconviction-relief (PCR) hearing, the PCR court denied his claim that because his trial attorney did not move to admit the letters or certificates into evidence his mandatory minimum sentence would have been different.  On appeal, Eskridge claims that trial counsel’s failure to enter the documents as exhibits at sentencing “cut off his ability to appeal the sentence in his case.”  OPINION HOLDS: Eskridge cannot show that had trial counsel offered letters and certificates into the record, a reasonable probability existed that he would have been successful in appealing an adverse sentencing decision.  Eskridge is not entitled to relief.

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