Opinion
No. 2-192 / 01-0826.
Filed July 3, 2002.
Appeal from the Iowa District Court for Marion County, DALE P. HAGEN, Judge.
Defendant appeals his judgment and sentence for first-degree burglary. AFFIRMED.
Brian L. Earley of Early Law Office, Montezuma, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik and Laura Roan, Assistant Attorneys General, Terry E. Rachels, County Attorney, and Jane A. Orlanes, Assistant County Attorney, for appellee.
Considered by SACKETT, C.J., and ZIMMER and VAITHESWARAN, JJ.
Defendant, Danny Jacobs, appeals his judgment and sentence for first-degree burglary in violation of Iowa Code sections 713.1 and 713.3 (1999). In his appeal, he asks us to preserve two claims of ineffective assistance of counsel for a postconviction relief proceeding. We affirm Jacobs's conviction and preserve his ineffective assistance of counsel claims for possible postconviction proceedings.
On February 2, 2001, a jury found Jacobs guilty of first-degree burglary following an incident involving his estranged wife. Subsequent to trial and the jury's verdict, but prior to sentencing, Jacobs changed counsel. Jacobs's new counsel submitted a motion for new trial alleging, among other things, that trial counsel was ineffective. At the motion for new trial hearing, the court refused to hear evidence regarding Jacobs's ineffective assistance claims. The trial court opined that defendant's allegations of ineffective assistance of counsel would more properly be dealt with on appeal or in possible postconviction relief proceedings. The court overruled Jacobs's motion for new trial. The defendant filed a timely notice of appeal following sentencing.
To succeed on an ineffective assistance of counsel claim, Jacobs must prove his attorney's performance fell below an objective standard of reasonableness and was prejudicial to his defense. Ledezma v. State, 626 N.W.2d 134, 142 (Iowa 2001) (citations omitted). Prejudice is shown by demonstrating a reasonable probability that but for counsel's errors, the result of the proceedings would have been different. State v. Atwood, 602 N.W.2d 775, 784 (Iowa 1999). Generally, ineffective assistance of counsel claims are preserved for postconviction proceedings to allow trial counsel an opportunity to defend the charge. State v. Mulder, 313 N.W.2d 885, 890 (Iowa 1981).
Jacobs claims trial counsel was ineffective in two respects. First, he claims his representation fell below established standards in that trial counsel failed to fully investigate his alibi. Second, Jacobs claims his trial counsel was ineffective because he failed to adequately prepare for trial. He asserts trial counsel should have presented expert witnesses to suggest a lack of physical evidence linking Jacobs to the crime. Jacobs also suggests trial counsel should have presented evidence regarding the victim's motive to lie about the incident. He contends his claims should be preserved for postconviction relief to allow him to present evidence regarding these contentions.
Because we find the record insufficient to determine trial counsel's effectiveness, we decline to consider Jacobs's claims on direct appeal and preserve them for possible postconviction proceedings. Trial counsel should be given the opportunity to defend his conduct of the trial. See State v. Mulder, 313 N.W.2d 885, 890 (Iowa 1981).
Accordingly, we affirm Jacobs's conviction for first-degree burglary. We preserve Jacob's ineffective assistance of trial counsel claims for possible postconviction relief proceedings.
AFFIRMED.