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Case No. 19-0940

State of Iowa
v.
Dustin D. Gilliam

Appellee

State of Iowa

Appellant

Dustin D. Gilliam

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Attorney for the Appellant

Karmen Anderson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0940
Date Published:
Jun 17, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (17 pages)

            Following a global resolution of a number of criminal offenses, Dustin Gilliam appeals from the district court’s sentencing order.  OPINION HOLDS: By granting a motion to amend a trial information in one of Gilliam’s cases, the district court consolidated multiple charges that arose from the same occurrence of criminal conduct.  We therefore reject Gilliam’s claim that he suffered prejudice by the court’s amendment of the trial information in the consolidated case.  We reject Gilliam’s ineffective-assistance-of-counsel claims.  We disagree with his contention that there was an insufficient factual basis to support two of his misdemeanor convictions, and we find Gilliam cannot prove he was prejudiced by his counsel’s conduct with respect to the remaining ineffective-assistance claim.  The convictions are affirmed.

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