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Case No. 18-1826

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

State of Iowa
v.
Timothy Fred Leachman

Appellee

State of Iowa

Appellant

Timothy Fred Leachman

Attorneys for the Appellee

Kyle Hanson, Assistant Attorney General
Frank A. Troncoso, Law Student

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1826
Date Published:
Sep 23, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J. (11 pages)

            Timothy Leachman appeals his conviction for first-degree burglary.  OPINION HOLDS:  The charge of first-degree burglary did not violate the speedy indictment rule.  Leachman did not show he received ineffective assistance based on defense counsel’s failure to raise a due process claim.  There is substantial evidence in the record to support Leachman’s conviction and his conviction is not contrary to the weight of the evidence.  We affirm Leachman’s conviction.  We vacate the portion of the sentencing order relating to restitution and remand to the district court on this issue.

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