Carlston Frederick Donald
v.
State of Iowa
Appellant
Carlston Frederick Donald
Appellee
State of Iowa
Attorney for the Appellant
John G. Daufeldt
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge. AFFIRMED. Considered by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by Mullins, J. (9 pages)
Carlston Donald appeals the district court’s denial of his application for postconviction relief. He argues his appellate counsel was ineffective in failing to (1) challenge the weight of the evidence underlying the conviction and (2) file a proof brief or follow the protocol for frivolous appeals contained in Iowa Rule of Appellate Procedure 6.1005 (2009). OPINION HOLDS: We conclude appellate counsel was not ineffective in declining to challenge the weight of the evidence and Donald did not preserve error on his claim concerning rule 6.1005. We affirm the denial of his application for postconviction relief.
