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Case No. 18-2121

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

State of Iowa
v.
Joshua Andre Black

Appellee

State of Iowa

Appellant

Joshua Andre Black

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Kevin Hobbs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2121
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J.  (3 pages)

            Joshua Black appeals his conviction and sentence after pleading guilty of domestic abuse assault.  He argues the sentencing procedure was defective and counsel was ineffective.  OPINION HOLDS: We find Black did not knowingly and intentionally waive his right of allocution.  Thus, we must remand for resentencing.  We also find the record is insufficient to address his ineffective-assistance claim.  So we preserve his claims for a future postconviction-relief action.

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