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).