State v. Lopez

The Supreme Court reversed Defendant’s conviction for indecent exposure due to ineffective assistance of counsel and vacated the portion of the district court’s sentence imposing a surcharge for Defendant’s stalking conviction and remanded for the entry of a corrected sentence.Defendant was convicted of indecent exposure and stalking. As relevant to this appeal, the trial court imposed a $100 surcharge on Defendant’s stalking conviction under Iowa Code 911.2B. The Supreme Court reversed the judgment in part and vacated the sentence in part, holding (1) Defendant’s counsel was ineffective as a matter of law by failing to challenge, in a motion for judgment of acquittal, the sufficiency of the evidence of indecent exposure; and (2) the imposition of the second 911.2B surcharge violated the Ex Post Facto Clause. View "State v. Lopez" on Justia Law