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State v. Jimenez

Court of Appeals of Iowa
Jul 10, 2003
No. 3-434 / 02-1511 (Iowa Ct. App. Jul. 10, 2003)

Opinion

No. 3-434 / 02-1511

Filed July 10, 2003

Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge.

Ernesto Jiménez De La Torre appeals his conviction, based on a guilty plea, for conspiracy to deliver a controlled substance. AFFIRMED.

Elias Gastelo Jr. of Benzoni Mains, P.L.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Bridget Chambers and Jean Pettinger, Assistant Attorneys General, John Sarcone, County Attorney, and Stephanie Cox, Assistant County Attorney, for appellee.

Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.


Ernesto Jiménez De La Torre appeals his conviction, based on a guilty plea, for conspiracy to deliver a controlled substance, in violation of Iowa Code section 124.401(1)(b)(7) (2001). On appeal, he claims his counsel was ineffective for failing to investigate and to advise him in the plea proceedings.

Defendant's last name is variously designated in the trial court file as Jimenez, Jiminez, Dellatores-Jimenez, Jimenez-Dellatores, Jimenez-Delatorre, De La Torre Jimenez, Jimenez De La Torre, Jimenez-Dellahore, and De La Torre. Defendant signed a letter to the court as Ernesto Jiménez De La Torre, so this is the name we will use.

In order to show ineffective assistance of counsel, a defendant must prove by a preponderance of the evidence that (1) counsel failed to perform an essential duty and (2) prejudice resulted therefrom. State v. Biddle, 652 N.W.2d 191, 203 (Iowa 2002). We generally preserve ineffective assistance claims for postconviction proceedings to permit development of the record and to give counsel an opportunity to respond to defendant's claims. State v. Ruesga, 619 N.W.2d 377, 373 (Iowa 2000).

The record in this case is inadequate for us to address defendant's claims on direct appeal. Therefore, we preserve defendant's claims of ineffective assistance of counsel for possible postconviction proceedings.

AFFIRMED.


Summaries of

State v. Jimenez

Court of Appeals of Iowa
Jul 10, 2003
No. 3-434 / 02-1511 (Iowa Ct. App. Jul. 10, 2003)
Case details for

State v. Jimenez

Case Details

Full title:STATE OF IOWA, Plaintiff-Appellee, v. ERNESTO DELLATORES JIMENEZ a/k/a…

Court:Court of Appeals of Iowa

Date published: Jul 10, 2003

Citations

No. 3-434 / 02-1511 (Iowa Ct. App. Jul. 10, 2003)