Opinion
No. 1-970 / 01-0721.
Filed March 13, 2002.
Appeal from the Iowa District Court for Cherokee County, JAMES D. SCOTT, Judge.
Bakker appeals from his judgment and sentence, contending he was denied effective assistance of counsel because his attorney failed to raise sufficiency of the evidence claims. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and James Tomka, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, and Mark R. Cozine, Cherokee County Attorney, for appellee.
Considered by HUITINK, P.J., and ZIMMER and VAITHESWARAN, JJ.
A jury convicted John Bakker of first-degree burglary following an altercation at the home of his sister and brother-in-law. On appeal, Bakker contends trial counsel should have challenged the sufficiency of the evidence supporting the verdict. Specifically, he maintains counsel was ineffective in failing to seek acquittal on the grounds he (1) had permission to enter the premises and (2) was justified in striking his brother-in-law. We preserve this constitutional claim for postconviction relief proceedings to give trial counsel a chance to explain his decisions. State v. Shortridge, 589 N.W.2d 76, 84 (Iowa Ct. App. 1998).
AFFIRMED.