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Neitzel v. State

Court of Appeals of Iowa

June 19, 2019

JESSE NEITZEL, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Carroll County, Gary L. McMinimee, Judge.

         Jesse Neitzel appeals the summary disposition of his postconviction-relief application. AFFIRMED.

          Edward Fishman of Hopkins & Huebner, P.C., Adel, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee State.

          Considered by Vaitheswaran, P.J., and Tabor and May, JJ.

          MAY, Judge.

         Jesse Neitzel appeals the dismissal of his postconviction-relief (PCR) action. Neitzel does not claim error by the PCR court. Instead, Neitzel claims his counsel was ineffective in allowing this action to be dismissed. We affirm but preserve Neitzel's ineffective-assistance claims.

         I. Background.

         A jury found Neitzel guilty of sexual abuse in the second degree, a class "B" forcible felony. Neitzel was sixteen years old when the alleged conduct occurred.

         In June 2010, the district court sentenced Neitzel to a term of incarceration not to exceed twenty-five years with a mandatory minimum of 17.5 years. Neitzel appealed, and this court affirmed. See State v. Neitzel, 801 N.W.2d 612, 626 (Iowa Ct. App. 2011).

         In 2014, our supreme court decided State v. Lyle, 854 N.W.2d 378 (Iowa 2014). The Lyle court held mandatory minimums are unconstitutional "in cases involving conduct committed by youthful offenders." 854 N.W.2d at 402. Lyle also prescribed several factors for sentencing courts to consider when deciding whether to impose a minimum sentence. Id. at 404 n.10.

         Neitzel filed an application for resentencing. Consistent with Lyle, the district court held a resentencing hearing. Ultimately, though, the district court again concluded "it is appropriate to require [Neitzel] to serve the minimum sentence of 17.5 years before becoming eligible for parole."

         In June 2017, our supreme court decided State v. Roby, 897 N.W.2d 127 (Iowa 2017). Roby "further developed" the sentencing factors announced in Lyle. State v. Harrison, 914 N.W.2d 178, 190 (Iowa 2018).

         In July 2017, Neitzel commenced this PCR action. Among other things, Neitzel requests another resentencing ...


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