STATE v. JIMERSON (2018)

Court of Appeals of Iowa.

STATE of Iowa, Plaintiff-Appellee, v. Zachary D. JIMERSON, Defendant-Appellant.

No. 18-0886

Decided: December 19, 2018

Considered by Tabor, P.J., and Mullins and Bower, JJ.

Matthew W. Boleyn of Reynolds & Kenline, L.L.P., Dubuque, for appellant. Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee.

Zachary Jimerson appeals his convictions, following guilty pleas, of two criminal violations. He argues his counsel was ineffective in failing to adequately review his case prior to advising him to plead guilty. We find the record inadequate for us to determine whether counsel failed to perform an essential duty or whether any such failure prejudiced Jimerson. See Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Harrison, 914 N.W.2d 178, 188 (Iowa 2018). Accordingly, we affirm Jimerson’s convictions but preserve his ineffective-assistance claim for postconviction-relief proceedings to allow for the development of a proper record and to provide counsel an opportunity to weigh in on the matter. See State v. Harris, ––– N.W.2d ––––, ––––, 2018 WL 5851066, at *1–2 (Iowa 2018); Berryhill v. State, 603 N.W.2d 243, 245 (Iowa 1999).

AFFIRMED.

MULLINS, Judge.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network