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State v. Simmons

Court of Appeals of Iowa
Feb 11, 2004
No. 4-005 / 02-1745 (Iowa Ct. App. Feb. 11, 2004)

Opinion

No. 4-005 / 02-1745

Filed February 11, 2004

Appeal from the Iowa District Court for Linn County, Douglas S. Russell, Judge.

Simmons appeals his judgment and sentence for first-degree robbery. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Cristen Odell, Assistant Attorney General, Harold Denton, County Attorney, and Russell Keast, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., and Vaitheswaran and Eisenhauer, JJ.


Bobby Michael Simmons appeals his judgment and sentence for first-degree robbery. He contends trial counsel was ineffective in failing to object to 1) a jury instruction on joint criminal conduct and 2) the prosecutor's characterization of his statements as lies. We preserve these issues for postconviction relief to allow defense counsel an opportunity to respond to them. State v. Shortridge, 589 N.W.2d 76, 84 (Iowa Ct. App. 1998).

AFFIRMED.


Summaries of

State v. Simmons

Court of Appeals of Iowa
Feb 11, 2004
No. 4-005 / 02-1745 (Iowa Ct. App. Feb. 11, 2004)
Case details for

State v. Simmons

Case Details

Full title:STATE OF IOWA, Plaintiff-Appellee, v. BOBBY MICHAEL SIMMONS…

Court:Court of Appeals of Iowa

Date published: Feb 11, 2004

Citations

No. 4-005 / 02-1745 (Iowa Ct. App. Feb. 11, 2004)

Citing Cases

Simmons v. State

This court preserved these claims for a possible postconviction proceeding. State v. Simmons, No. 02-1745…