from the Iowa District Court for Carroll County, Gary L.
Neitzel appeals the summary disposition of his
postconviction-relief application. AFFIRMED.
Fishman of Hopkins & Huebner, P.C., Adel, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee State.
Considered by Vaitheswaran, P.J., and Tabor and May, JJ.
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.
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.
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).
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.
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."
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).
2017, Neitzel commenced this PCR action. Among other things,
Neitzel requests another resentencing ...