Jonathan Rodriguez Leyva
v.
State of Iowa
Appellant
Jonathan Rodriguez Leyva
Appellee
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:
Summary
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.
