State of Iowa
v.
Tykel Dupree Robinson
Appellee
State of Iowa
Appellant
Tykel Dupree Robinson
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorneys for the Appellant
Priscilla E. Forsyth
Zachary S. Hindman (until withdrawal)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge. REVERSED AND REMANDED. Heard by Vogel, C.J., and Vaitheswaran and McDonald, JJ. Opinion by Vogel, C.J. (11 pages)
A jury found Tykel Robinson guilty of first-degree robbery. Robinson appeals his conviction and sentence. First, Robinson asserts he received ineffective assistance of counsel because his counsel failed to object to an incomplete jury instruction that did not provide for specific intent for an aider and abettor. Second, he argues the district court should have excluded evidence of a shooting where Robinson was not involved. Alternatively, he asserts his counsel was ineffective for failing to object to the use of evidence beyond what the ruling in limine allowed. OPINION HOLDS: We conclude Robinson’s counsel provided ineffective assistance of counsel by failing to object to the faulty instruction and such failure resulted in prejudice. Additionally, we find the district court’s ruling on the motion in limine was proper, but we find the counsel breached an essential duty by failing to raise further objection to the admission of evidence beyond the confines of the ruling. Therefore, we reverse and remand for a new trial.
