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Case No. 17-2006

State of Iowa
Daron Wilkinson


State of Iowa


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:
Apr 17, 2019

            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. 

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