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Case No. 18-0502

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

Donshey Purnell Reed
v.
State of Iowa

Appellant

Donshey Purnell Reed

Appellee

State of Iowa

Attorneys for Appellant

Christopher R. Kemp

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0502
Date Published:
Jun 05, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  PCR DECISION AFFIRMED; SENTENCES VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Potterfield, J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Donshey Reed appeals the district court’s denial of his application for postconviction relief (PCR), claiming (1) his sentence should be modified to remove illegally-imposed surcharges and (2) his PCR attorney was ineffective in “failing to present evidence or develop a record at the [PCR] proceeding.”  OPINION HOLDS: We vacate Reed’s sentence and remand for removal of the inapplicable surcharges.  We affirm the PCR court’s denial of Reed’s PCR application and preserve his claims that PCR counsel was ineffective for another possible postconviction-relief application.

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