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Donovan F. Lincoln
v.
State of Iowa
Appellant
Donovan F. Lincoln
Appellee
State of Iowa
Attorney for the Appellant
Thomas Hurd
Attorney for the Appellee
Katie Krickbaum, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Louisa County, Michael J. Schilling, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Potterfield, J., and Blane, S.J. Opinion by Blane, S.J. (6 pages)
Applicant appeals the district court’s denial of his application for postconviction relief (PCR). In this appeal, he claims his PCR counsel was ineffective for failing to raise the issue that his criminal trial attorney was ineffective for failing to discover and object to the district court relying in part upon his previous conviction for theft in the fifth degree when unrepresented by counsel for denying his request for a deferred judgment on a subsequent charge of theft in the second degree. OPINION HOLDS: Because this particular issue was not raised before the district court in this PCR proceeding and not ruled upon, we find it is not properly before us in this appeal, and it must be raised in a newly filed PCR application.