Opinion
No. 05-2054.
April 11, 2007.
Appeal from the Iowa District Court for Jones County, Thomas M. Horan, Judge.
Larry Dean Boring appeals from his convictions of second-degree sexual abuse and lascivious acts with a child.
AFFIRMED.Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney General, and Connie S. Ricklefs, County Attorney, for appellee.
Considered by VOGEL, P.J., and VAITHESWARAN and EISENHAUER, JJ.
On direct appeal from his convictions of second-degree sexual abuse and lascivious acts with a child, Larry Dean Boring contends his trial counsel was ineffective in: (1) failing to object to the admission of hearsay that violated his right to confrontation; (2) failing to object to the admission of evidence of other bad acts; (3) failing to object to testimony regarding the victim's truthfulness; and (4) failing to object to prosecutorial misconduct occurring during his cross-examination and during the closing argument. As the record is not fully developed with respect to these claims, we preserve them for possible postconviction relief. See Berryhill v. State, 603 N.W.2d 243, 245 (Iowa 1999) (stating ineffectiveness claims raised on direct appeal are ordinarily preserved for postconviction relief to allow full development of the facts surrounding counsel's conduct).