State of Iowa
v.
Randall Lee Brooks
Appellee
State of Iowa
Appellant
Randall Lee Brooks
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Attorneys for the Appellant
S.P. DeVolder
Trever Hook
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge, and Kevin Parker, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (6 pages)
Randall Lee Brooks appeals his conviction for driving while barred as a habitual offender. OPINION HOLDS: The district court properly excluded evidence that amounted to a collateral attack on the Iowa Department of Transportation’s action barring his license as a habitual offender. Because Brooks failed to establish a good and compelling cause to continue trial, the district court acted within its discretion in refusing his request for a continuance. Brooks failed to preserve error on his claim that his right to be present at trial was violated. We preserve his claim of ineffective assistance of counsel for postconviction relief to allow the record to be developed. Finding no error on the claims properly presented on appeal, we reject Brooks’s claim that he should be granted a new trial based on the cumulative effect of the errors alleged.
