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Case No. 19-0409

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

State of Iowa
v.
Demetrias Martin

Appellee

State of Iowa

Appellant

Demetrias Martin

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey, State Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0409
Date Published:
Aug 05, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Bower, C.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (20 pages)

            Demetrias Martin appeals from his conviction for first-degree robbery.  He claims his trial counsel was ineffective, the district court applied the wrong standard when considering his motion for new trial, and he is entitled to resentencing in accordance with Iowa Code section 902.12(2A) (2019).  OPINION HOLDS: Martin is not entitled to relief on any of his ineffective-assistance-of-counsel claims.  The district court applied the correct standard when evaluating Martin’s motion for new trial.  And because the plain language of section 902.12(2A) provides that it applies retroactively to the time of Martin’s sentencing, he is entitled to resentencing to determine the length of the mandatory minimum imposed.

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