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Case No. 19-1377

State of Iowa
v.
Charles David Brown

Appellee

State of Iowa

Appellant

Charles David Brown

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Nan Jennisch, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1377
Date Published:
Sep 22, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Charles David Brown appeals after being found guilty of intimidation with a dangerous weapon, willful injury causing serious injury, possession of a firearm as a felon, and interference with official acts while armed with a firearm, all as a habitual offender.  Brown asserts his trial counsel was ineffective for failing to object to the testimony of a trial witness or, in the alternative, the court’s allowance of that testimony was plain error.  He argues the prohibition of consideration of ineffective-assistance-of-counsel claims on direct appeal violates various state and federal constitutional guarantees.  He also asserts the trial court abused its discretion in denying his motion to reopen the record.  OPINION HOLDS: We do not address the ineffective-assistance-of-counsel claim, plain error is not recognized by Iowa courts, and the trial court’s reasoning in denying the motion to reopen the record was neither untenable nor unreasonable.  We therefore affirm.

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