Convicted Ottumwa kidnapper loses appeal
DES MOINES, Iowa —
An Ottumwa, Iowa, man convicted of kidnapping will have to serve out his sentence.
In May of 2017, Joel Herrarte was found guilty of Third-Degree Kidnapping, Willful Injury and Assault.
Prosecutors had asked for a conviction on 2nd Degree Kidnapping, but the judge in the case thought the lesser charge more appropriate.
He was sentenced to a total of 20 years in prison.
Herrarte appealed the conviction arguing the court erred in convicting him of the lesser included charge of 3rd Degree Kidnapping.
He also argued that the judge erred during sentencing and that his lawyer was ineffective.
The Iowa Court of Appeals shot down the the first two arguments.
However, it did leave open the possibility that the ineffectiveness counsel argument could be pursued.
The conviction stemmed from a 2016 incident.
Herrarte and two co-defendants held an Ottumwa woman at for three days at the Stardust Hotel after a $400 drug deal went bad.
He will continue to serve his sentence at the Anamosa State Penitentiary.