Carloss Robinson
v.
State of Iowa
Appellant
Carloss Robinson
Appellee
State of Iowa
Attorney for the Appellant
Webb L. Wassmer
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Lars Anderson, Judge. AFFIRMED. Heard by Doyle, P.J., and Mullins and May, JJ. Opinion by Doyle, P.J. (12 pages)
Robinson raises three issues on appeal. First, he contends the prosecutor’s closing argument comments on Robinson’s credibility that his trial testimony was “ludicrous,” “ridiculous,” and “bogus” were improper and prejudicial. Second, he argues his trial counsel provided ineffective assistance of counsel by failing to object to State’s evidence of “prayer” by Robinson during his police interview. Third, he contends the PCR court misconstrued Iowa Code section 81.8(5) (2019) in denying Robinson’s request for a DNA sample. OPINION HOLDS: Robinson failed to preserve error on the prosecutorial misconduct issue, but even had he preserved error we find no ineffective assistance on the part of his counsel in failing to object to the prosecutor’s comments. His ineffective-assistance-of-counsel claim about the “prayer” lacks merit. Robinson is not entitled to DNA records under Iowa Code section 81.8(4)-(5). Thus, we affirm the denial of Robinson’s PCR application.