State of Iowa
v.
Daron Wilkinson
Appellee
State of Iowa
Appellant
Daron Wilkinson
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Brenda J. Gohr, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (4 pages)
Daron Wilkinson appeals his conviction and sentence for theft in the second degree. He contends the district court improperly considered the Iowa Risk Revised assessment, violating his due process rights. He also contends his trial counsel was ineffective in not raising the objection. OPINION HOLDS: Applying the recent supreme court decisions in State v. Guise, 921 N.W.2d 26, 29 (Iowa 2018), and State v. Gordon, 921 N.W.2d 19, 24 (Iowa 2018), we find because Wilkinson did not raise this issue in the district court, we cannot reach the due process claim on direct appeal. We preserve the ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings.