Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-0839

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

State of Iowa
v.
Sullivan Pierre Smith-Berry

Appellee

State of Iowa

Appellant

Sullivan Pierre Smith-Berry

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0839
Date Published:
Jun 03, 2020
Summary

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  CONVICTIONS REVERSED IN PART, SENTENCES VACATED, AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Bower, C.J. (9 pages)

            Sullivan Pierre Smith-Berry appeals his convictions for sexual assault and three counts of robbery in the first degree, asserting his conduct constituted only one act of robbery—not three—and his trial counsel was ineffective by failing to challenge the sufficiency of the evidence on two additional counts of robbery.  Smith-Berry also argues the district court lacked statutory authority to require him to complete sex-offender assessment and treatment after imposing a sentence of incarceration for his sexual-assault conviction, and he asks to be resentenced on his robbery convictions pursuant to the recently enacted Iowa Code section 902.12(3) and 901.11(3) (2019).  OPINION HOLDS: We reverse two robbery convictions, vacate the sentences, and remand for resentencing.

© 2022 Iowa Judicial Branch. All Rights Reserved.