State of Iowa v. Zachary D. Jimerson

IN THE COURT OF APPEALS OF IOWA
No. 18-0886
Filed December 19, 2018
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ZACHARY D. JIMERSON,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Delaware County, Stephanie C.
Rattenborg, District Associate Judge.
Zachary Jimerson appeals his convictions, following guilty pleas, of two
criminal violations. AFFIRMED.
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.
Considered by Tabor, P.J., and Mullins and Bower, JJ.
2
MULLINS, Judge.
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.