Skip to main content
Iowa Judicial Branch
Main Content

Case No. 21-0663

Jonathan Rodriguez Leyva
State of Iowa


Jonathan Rodriguez Leyva


State of Iowa

Attorney for the Appellant

Thomas A. Hurd

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (9 pages)

Jonathan Rodriguez Leyva appeals the denial of his application for postconviction relief (PCR).  Rodriguez Leyva generally re-raises issues he brought in his PCR application to the district court, claiming trial counsel provided ineffective assistance by failing to (1) challenge the search warrant under Iowa Code section 321J.10 (2015); (2) better prepare him for allocution at sentencing; and (3) obtain an expert in retrograde extrapolation.  OPINION HOLDS: Rodriguez Leyva’s claim about trial counsel’s failure to move for suppression under section 321J.10(1)(a) is not preserved for our review.  He has not established his other two claims of ineffective assistance.  We affirm the district court’s denial of his PCR application.

© 2024 Iowa Judicial Branch. All Rights Reserved.