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Case No. 20-1380

State of Iowa
v.
Kenneth Azure

Appellee

State of Iowa

Appellant

Kenneth Azure

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellant

Ashley Stewart, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1380
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (6 pages)

            Kenneth Azure appeals his conviction for second-degree theft.  OPINION HOLDS: I. Substantial evidence shows Azure knew the vehicle he was found in possession of after a high-speed chase was stolen.  II. We are unable to consider Azure’s ineffective-assistance claim because he appealed after the statutory amendment eliminating a defendant’s ability to pursue ineffective-assistance claims on direct appeal took effect.  III. We reject his invitation to adopt the plain error rule.

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