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State of Iowa
v.
George James Jackson
Appellee
State of Iowa
Appellant
George James Jackson
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Christopher A. Clausen
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, James A. McGlynn (plea), James C. Ellefson (sentencing), and Adria Kester (nunc pro tunc order), Judges. CONVICTIONS AFFIRMED; NUNC PRO TUNC ORDER VACATED; AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (4 pages)
George Jackson appeals his guilty-plea convictions of three crimes and a post-judgment nunc pro tunc order. He contends (1) his counsel rendered ineffective assistance in failing to challenge his guilty pleas on voluntariness grounds by way of a motion in arrest of judgment and (2) the court erred in modifying his sentence by way of a nunc pro tunc order to additionally require he complete a batterer’s treatment program. OPINION HOLDS: Upon our de novo review, we find Jackson’s pleas were entered knowingly and intelligently, and therefore voluntarily; consequently, we find counsel’s failure to file a motion in arrest of judgment was neither a breach of an essential duty or prejudicial. The original sentence imposed for domestic-abuse assault was illegal, and the nunc pro tunc order had no legal effect on the illegal sentence. We therefore vacate that portion of the sentence imposed by the nunc pro tunc order and remand for entry of a corrected sentencing order, which adds the requirement that Jackson participate in a batterers’ treatment program as part of his sentence for his conviction of domestic-abuse assault, and otherwise includes all provisions in the original sentencing order.
