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State of Iowa
v.
Paul Joseph Hopkins
Appellee
State of Iowa
Appellant
Paul Joseph Hopkins
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Monroe County, Lucy J. Gamon, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ. Opinion by Vaitheswaran, P.J. (8 pages)
Paul Hopkins appeals his conviction for extortion, challenging (1) his trial attorney’s failure to request a jury instruction defining the “threat” required for extortion and (2) the district court’s colloquy to establish whether his post-trial waiver of his right to counsel was knowing, voluntary, and intelligent. OPINION HOLDS: We affirm the jury’s finding of guilt. We affirm the jury’s finding of guilt, which was obtained with counsel. We reverse the uncounseled post-trial proceedings and remand for post-trial proceedings with the benefit of counsel or a knowing, intelligent and voluntary waiver of counsel.