Opinion
No. 1-933 / 00-1808.
Filed February 6, 2002.
Appeal from the Iowa District Court for Woodbury County, GARY E. WENELL, Judge.
Clarence Ray Thomas appeals the district court's ruling regarding his postconviction relief application, which sustained the State's motion for summary judgment and dismissed the application. AFFIRMED.
James Daane of Buckmeier, Daane, Sioux City, for appellant.
Thomas J. Miller, Attorney General, and Martha Boesen, Assistant Attorney General, and Thomas S. Mullin, Woodbury County Attorney, and Jill Pitsenbarger, Assistant County Attorney, for appellee.
Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.
Clarence Ray Thomas appeals the district court's ruling that granted the State's request for summary judgment and dismissed his postconviction relief application.
Procedural Background . Following a jury trial, Thomas was convicted of attempted murder, first-degree burglary, willful injury as a habitual offender, and assault while participating in a felony. His conviction and sentences were affirmed on direct appeal. State v. Thomas, No. 94-596 (Iowa Ct. App. Sept. 22, 1995). Thomas then filed an application for postconviction relief raising issues not raised on direct appeal. The district court sustained the State's motion for summary judgment and dismissed the application. Thomas appeals.
Scope of Review . We review an appeal from the denial of postconviction relief for correction of errors at law. McLaughlin v State, 533 N.W.2d 546, 547 (Iowa 1995). To the extent the application raises constitutional issues, our review is de novo. Id. Error preservation . To preserve error for postconviction relief, a defendant must first raise the alleged deficiencies on direct appeal. Kane v. State, 436 N.W.2d 624, 626-27 (Iowa 1989). An exception exists if the defendant can show cause for failing to challenge the alleged errors on direct appeal. Washington v Scurr, 304 N.W.2d 231, 235 (Iowa 1981). Here, error has not been preserved, as Thomas has not provided a sufficient reason for his failure to raise these newly asserted claims of ineffective assistance of counsel on direct appeal. We therefore affirm the district court.
AFFIRMED.