Michael Jefferson v. Iowa District Court for Scott County

CHRISTENSEN, Justice.

*520 A defendant filed a motion to correct an illegal sentence. He applied for appointment of counsel. The district court not only denied appointment of counsel, but also summarily dismissed his motion. The defendant filed a petition for writ of certiorari. The court of appeals annulled the writ. On further review, we find Iowa Rule of Criminal Procedure 2.28(1) requires the court to appoint counsel when an indigent defendant files a motion to correct illegal sentence under Iowa Rule of Criminal Procedure 2.24(1). Therefore, we sustain the writ and remand the case for…