Jefferson v. Iowa District Court for Scott County

The Supreme Court sustained Defendant's petition for writ of certiorari filed after the district court summarily dismissed Defendant's motion to correct an illegal sentence and denied appointment of counsel, holding that Iowa R. Crim. P. 2.28(1) requires the court to appoint counsel when an indigent defendant files a motion to correct illegal sentence under Iowa R. Crim. P. 2.24(1).Defendant pleaded guilty to third-degree sexual assault. The district court sentenced Defendant to an indefinite term of imprisonment, ordered his placement on the sex offender registry, and imposed a special lifetime sentence pursuant to Iowa Code section 903B.1. After Defendant was discharged from prison, a parole judge revoked Defendant's parole and found him in violation of four parole conditions. The judge ordered Defendant to serve up to five years in prison. Defendant later filed a second motion for correction of an illegal sentence claiming that his lifetime special sentence was unconstitutional. Defendant also filed an application for appointment of counsel. The district court denied Defendant's motions. The Supreme Court sustained Defendant's petition for writ of certiorari, holding (1) Rule 2.28(1) affords a right to counsel on a motion to correct an illegal sentence; and (2) Defendant was entitled to the appointment of counsel. View "Jefferson v. Iowa District Court for Scott County" on Justia Law