Opinion
No. 1-924 / 99-1173.
Filed February 6, 2002.
Appeal from the Iowa District Court for Linn County, THOMAS M. HORAN, Judge.
Terry Jones appeals the district court's denial of his application for postconviction relief. AFFIRMED.
Ryan Moorman, Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Denise Timmins, Assistant Attorney General, for appellee.
Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.
Defendant Terry Jones appeals the district court's denial of his application for postconviction relief.
Procedural background . On September 10, 1996 a jury found Jones guilty of sexual abuse in the second degree in violation of Iowa Code sections 709.1 and 709.3 (1995). Judgment was entered and sentence imposed. Under Iowa Rule of Appellate Procedure 104, Jones's direct appeal was dismissed as frivolous.
Jones filed an application for postconviction relief, which came on for hearing May 18, 1999. The application alleged his trial counsel was ineffective for failing to move to suppress a statement Jones gave during a police interview. The district court found no breach of duty by counsel, as the statement in question was only Jones's opinion of a witness's credibility. The court also found Jones had read and voluntarily waived his Miranda rights, even though Jones was not actually in custody when the statement was given. Jones appeals.
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Scope of review . We review postconviction proceedings for errors of law, Jones v. State, 545 N.W.2d 313, 314 (Iowa 1996), and ineffective assistance of counsel claims de novo. State v. Breuer, 577 N.W.2d 41, 44 (Iowa 1998).
Merits . The State asserts and we agree Jones has failed to preserve error. His direct appeal did not raise his ineffective assistance of counsel claim, and he has not demonstrated either a sufficient reason or cause for failing to raise the claim on direct appeal, or any actual prejudice resulting from the claimed error. Osborn v. State, 573 N.W.2d 917, 921 (Iowa 1998). He is therefore precluded from raising his ineffective assistance claim for our review.
AFFIRMED.