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Case No. 17-1087

State of Iowa
v.
Jerry Darnell Mosley

Defendant appealed the judgment and sentence entered on his convictions for first-degree burglary and assault causing bodily injury. He contended: (1) the burglary conviction was not supported by the evidence; (2) his trial counsel was ineffective in failing to object to testimony outside the scope of the minutes of testimony; (3) his conviction for assault causing bodily injury should have merged with the conviction for first-degree burglary; and (4) he was ordered to pay restitution for court costs and attorney fees without a determination of his reasonable ability to pay. The court of appeals affirmed the conviction for first-degree burglary, preserved the ineffective assistance claim for postconviction relief, found the restitution issue was premature, and vacated the sentence and remanded for merger of the assault and burglary convictions. Defendant seeks further review.

County:
Clay

Resister

State of Iowa

Applicant

Jerry Darnell Mosley

Attorneys for Resister

Tyler J. Buller, Assistant Attorney General

Attorneys for Applicant

Martha J. Lucey, Assistant Appellate Defender

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 09, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
17-1087
Date Published:
Apr 26, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1087
Date Published:
Oct 24, 2018
Summary

            Appeal from the Iowa District Court for Clay County, Carl J. Peterson, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Potterfield, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Jerry Mosley appeals his convictions and sentence for first-degree burglary and assault causing bodily injury raising claims of insufficiency of evidence, ineffective assistance of counsel, failure to merge, and inappropriate imposition of restitution costs.  OPINION HOLDS: We affirm Mosley’s conviction for first-degree burglary, preserve his ineffective-assistance claim for postconviction proceedings, and vacate his sentence, remanding for merger of the assault and burglary convictions.

Other Information

Date Further Review is Granted:
Mar 28, 2019

View archived opinions from prior to November 2017

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