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State of Iowa
v.
Joel Enrique Herrarte Jr.
Appellee
State of Iowa
Appellant
Joel Enrique Herrarte Jr.
Attorney for the Appellee
Kelli A. Huser, 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 Wapello County, Shawn R. Showers, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Potterfield, P.J. (6 pages)
Joel Herrarte Jr. challenges the district court’s determination that kidnapping in the third degree was a lesser-included offense of kidnapping in the second degree. Alternatively, he claims his trial counsel provided ineffective assistance for urging the court to determine that it was a lesser-included offense. Additionally, he maintains the trial court relied upon an improper factor during sentencing. OPINION HOLDS: Herrarte failed to preserve error regarding whether third-degree kidnapping is a lesser-included offense of kidnapping in the second degree, and we do not consider it. The record is not adequate to decide his alternative argument, raised under the ineffective-assistance framework, so we preserve it to allow for further development of the record in postconviction-relief proceedings. Because the district court did not rely on an improper factor during sentencing, we affirm Herrarte’s sentences.
