For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Brandon Samuel Proctor
Appellee
State of Iowa
Appellant
Brandon Samuel Proctor
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Christopher J. Roth
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Doyle, P.J., May, J., and Scott, S.J. Opinion by Scott, S.J. (10 pages)
Brandon Proctor appeals his convictions of first-degree theft, eluding, driving while barred, trespass, and criminal mischief. OPINION HOLDS: We find the district court did not err in its decision declining to give a jury instruction on operating a vehicle without the owner’s consent as a lesser-included offense of first-degree theft. We conclude there is substantial evidence in the record to support Proctor’s convictions of first-degree theft and eluding. We determine there is not substantial admissible evidence in the record to support Proctor’s conviction for fourth-degree criminal mischief. We find Proctor has not shown he received ineffective assistance on his claim regarding a proposed jury instruction on operating a vehicle without the owner’s consent as a lesser-included offense of first-degree theft. We find his claim he received ineffective assistance because defense counsel did not file a motion to suppress should be preserved for possible postconviction relief. We affirm Proctor’s convictions of first-degree theft, eluding, driving while barred, and trespass. We reverse his conviction of fourth-degree criminal mischief and remand to the district court for a new judgment and sentencing order.
