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Case No. 18-0285

Donovan F. Lincoln
State of Iowa


Donovan F. Lincoln


State of Iowa

Attorney for the Appellant

Thomas Hurd

Attorney for the Appellee

Katie Krickbaum, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 27, 2019

            Appeal from the Iowa District Court for Louisa County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Potterfield, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            Applicant appeals the district court’s denial of his application for postconviction relief (PCR).  In this appeal, he claims his PCR counsel was ineffective for failing to raise the issue that his criminal trial attorney was ineffective for failing to discover and object to the district court relying in part upon his previous conviction for theft in the fifth degree when unrepresented by counsel for denying his request for a deferred judgment on a subsequent charge of theft in the second degree.  OPINION HOLDS: Because this particular issue was not raised before the district court in this PCR proceeding and not ruled upon, we find it is not properly before us in this appeal, and it must be raised in a newly filed PCR application.

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