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Case No. 23-0336

Leon Devon Brand Jr.
v.
State of Iowa

County:
Black Hawk

Appellant

Leon Devon Brand Jr.

Appellee

State of Iowa

Attorney for the Appellant

Heidi Miller

Attorney for the Appellee

Nicholas E. Siefert, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0336
Date Published:
Aug 21, 2024
Summary

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly, and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Leon Brand appeals the denial of his postconviction-relief application, alleging his counsel was ineffective for not appearing at a hearing to reconsider his sentence and for not investigating the disciplinary report that formed the basis for the court’s decision to decline to reconsider his sentence.  OPINION HOLDS: Brand has not proved his counsel breached an essential duty by failing to appear and argue at a nonexistent hearing or by failing to investigate a prison disciplinary report.  He also failed to establish prejudice.  As a result, we affirm.

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