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Case No. 18-1733

State of Iowa
Christopher A. Puccio


State of Iowa


Christopher A. Puccio

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 18, 2020

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J. (9 pages)


            Christopher Puccio appeals his conviction for attempted burglary.  He contends his trial counsel was ineffective in not asking for three jury instructions: (1) a lesser-included-offense instruction on criminal trespass; (2) an instruction on prior inconsistent witness statements; and (3) an instruction on how to evaluate eyewitness identification testimony.  OPINION HOLDS: We reject the first and second ineffective-assistance claims because those instructions did not apply to Puccio’s prosecution.  As to the third claim, better development of the record is needed to decide whether counsel was ineffective for not ensuring the jury had information about the fallibility of eyewitness identification.  So we preserve that claim for Puccio to raise if he seeks postconviction relief.

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