Opinion
No. 2-860 / 02-0089
Filed January 29, 2003
Appeal from the Iowa District Court for Poweshiek County, Daniel P. Wilson, Judge.
Defendant appeals from denial of postconviction relief, arguing trial counsel was ineffective. AFFIRMED.
Philip Mears of Mears Law Office, Iowa City, for appellant.
Thomas J. Miller, Attorney General, Cristen Odell, Assistant Attorney General, Victoria Siegel, County Attorney, and Ronald Kelley, Assistant County Attorney, for appellee.
Considered by Vogel, P.J., and Zimmer and Hecht, JJ.
Michael Coffman was convicted of first-degree murder in the shooting death of a fellow high-school student. We affirmed his conviction on direct appeal. See State v. Coffman, No. 95-1677 (Iowa Ct.App. Feb. 26, 1997). Coffman then moved for postconviction relief, asserting trial counsel was ineffective for failing to object to testimony regarding a statement Coffman made prior to the shooting. The statement, which Coffman himself twice confirmed on cross-examination, intimated Coffman had previously spent two years in prison for shooting another person. The district court denied postconviction relief on this issue, finding Coffman could not establish prejudice. See Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984).
A witness twice testified Coffman stated, referring to the victim: "I'll shoot his ass. I'll do it. I've done two years for it before and I'll do two more."
Our review is de novo. State v. Watson, 620 N.W.2d 233, 235 (Iowa 2000). Rather than recounting the factual history leading up to the shooting, we note with approval the district court's recital of the extensive evidence refuting Coffman's claim of justification and supporting premeditation. We agree with the court that, given the nature and quantity of the evidence indicating he acted without justification, Coffman failed to demonstrate a reasonable probability that, but for the reference to his prior criminal act, the result of the proceeding would have been different. See State v. Atwood, 602 N.W.2d 775, 784 (Iowa 1999). We therefore affirm the district court.