IN THE COURT OF APPEALS OF IOWA
No. 8-991 / 08-0875
Filed January 22, 2009
STATE OF IOWA,
Plaintiff-Appellee,
vs.
JASON LEVI HALLOCK,
Defendant-Appellant.
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Appeal from the Iowa District Court for Clayton County, John J.
Bauercamper, Judge.
Jason Hallock appeals from his conviction and sentence for the offense of
assault with intent to commit sexual abuse causing bodily injury other than
serious injury. SENTENCE ON ASSAULT CHARGE VACATED AND
REMANDED FOR FURTHER PROCEEDINGS
Mark C. Smith, State Appellate Defender, and Robert Ranschau, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney
General, and Kevin H. Clefisch, County Attorney, for appellee.
Considered by Sackett, C.J., and Eisenhauer and Doyle, JJ.
2
DOYLE, J.
Jason Hallock appeals from his conviction and sentence for the offense of
assault with intent to commit sexual abuse causing bodily injury other than
serious injury, in violation of Iowa Code section 709.11 (2007). He contends
defense counsel was ineffective in handling his guilty plea. Upon our review, we
vacate the sentence on the assault charge and remand for further proceedings.
I. Background Facts and Proceedings.
According to the minutes of testimony and statements, in the early
morning hours of August 19, 2007, Jason Hallock broke into the home of his ex-
girlfriend, the mother of his children. He proceeded to her bedroom and fired a
handgun at the bed. The bullet went through a pillow and lodged in the wall.
Hallock told his ex-girlfriend that she was going to die that night. He tried to force
the gun into her mouth and also put the gun to her head. He grabbed her chin
because she wasn’t looking at him. He threw a ring at her head. He forced her
to have sex with him twice while he kept the gun near her head.
On August 28, 2007, Hallock was charged by trial information with
burgla