Opinion
No. 3-225 / 02-1147
Filed April 4, 2003
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.
Willie Curry raises an ineffective assistance of counsel claim in this appeal from the judgment and sentence entered following his conviction for delivery of crack cocaine. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Theresa Wilson, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney General, William Davis, County Attorney, and Robert Weinberg, Assistant County Attorney, for appellee.
Considered by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.
Willie Curry appeals from the judgment and sentence entered upon his conviction for delivery of crack cocaine in violation of Iowa Code section 124.401(1)(c) (2001). He claims his trial counsel was ineffective for introducing an exhibit which suggested he had served time on a separate, unrelated charge. We affirm Curry's conviction and preserve his claim of ineffective assistance of counsel.
Because an ineffective assistance of counsel claim implicates constitutional rights, our scope of review is de novo. State v. Carter, 602 N.W.2d 818, 820 (Iowa 1999). A defendant must show (1) counsel failed to perform an essential duty, and (2) prejudice resulted therefrom. Wemark v. State, 602 N.W.2d 810, 814 (Iowa 1999). Ordinarily, we prefer to leave ineffective assistance claims for postconviction proceedings. State v. Hischke, 639 N.W.2d 6, 8 (Iowa 2002). We do so to allow full development of the record surrounding counsel's performance, Berryhill v. State, 603 N.W.2d 243, 245 (Iowa 1999), and to give the allegedly ineffective attorney a chance to defend the charge. State v. Pearson, 547 N.W.2d 236, 241-42 (Iowa Ct.App. 1996).
We conclude the record before us is insufficient for us to address Curry's claim of ineffective assistance on direct appeal. We therefore preserve this claim for possible postconviction proceedings.