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
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Kevin Hobbs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
