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Case No. 17-1541

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Joseph Eugene Shade

Appellee

State of Iowa

Appellant

Joseph Eugene Shade

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1541
Date Published:
Aug 01, 2018
Summary

Appeal from the Iowa District Court for Polk County, Karen A. Romano and Carla T. Schemmel, Judges.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (9 pages)

            Joseph Shade appeals his sentence for first-degree robbery.  Shade argues he received ineffective assistance of counsel because his attorney did not argue the sentencing court was required to hold a Miller hearing before sentencing.  He also claims the court erred in imposing a law-enforcement-initiative surcharge.  OPINION HOLDS: Because the court did not sentence Shade to a mandatory-minimum term of incarceration, a Miller hearing was not required, and counsel was not ineffective for failing to request one.  The court erred in imposing the law-enforcement-initiative surcharge because it is not authorized by statute for this offense.

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