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Ricky Mahnesmith
v.
State of Iowa
Appellant
Ricky Mahnesmith
Appellee
State of Iowa
Attorney for the Appellant
Jamie Hunter
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J. Opinion by Gamble, S.J. (13 pages)
Ricky Mahnesmith appeals the summary dismissal of his postconviction-relief application, which sought relief related to his convictions in AGCR0225566 and FECR022424. OPINION HOLDS: The postconviction court erred in dismissing Mahnesmith’s claims relating to AGCR0225566 as time-barred. No new ground of law or fact excuses Mahnesmith’s failure to file his claims relating to FECR022424 within the three-year statutory period. We remand Mahnesmith’s claims that (1) counsel was ineffective for failing to investigate potential defenses in AGCR0225566, (2) counsel was ineffective in failing to condition his plea on the court’s acceptance of the sentencing recommendation, and (3) his sentence was cruel and unusual punishment. We also remand for the court to hold a hearing on Mahnesmith’s ability to pay costs.