State of Iowa
v.
Clifford Arnell Gooden, III
Appellee
State of Iowa
Appellant
Clifford Arnell Gooden, III
Attorney for the Appellee
Anagha Dixit (argued) and Olivia D. Brooks, Assistant Attorneys General
Attorney for the Appellant
Webb L. Wassmer (argued)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Korie Talkington, Henry W. Latham II, Stuart P. Werling, and Meghan Corbin, Judges. AFFIRMED. Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Greer, P.J. (11 pages)
A jury found Clifford Gooden III guilty of second-degree burglary. On appeal, Gooden argues his constitutional right to counsel was violated because the district court allowed him to represent himself at critical stages of the prosecution leading up to trial without first obtaining a valid waiver of his right to counsel. Gooden also argues the district court should have sua sponte instructed the jury to not consider the fact he voluntarily absented himself from trial when deciding whether he was guilty of the charged offense. OPINION HOLDS: While Gooden was denied the right to representation at critical stages of the proceedings before he validly waived his right five days before trial started, the denial of his constitutional right did not affect the framework of the proceedings in this case; Gooden is not entitled to a new trial. And we cannot find the district court committed legal error by not sua sponte giving a jury instruction that is not required by Iowa law. We affirm Gooden’s conviction.
