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Denico Lydell Johnson
v.
State of Iowa
Appellant
Denico Lydell Johnson
Appellee
State of Iowa
Attorney for the Appellant
Eric S. Mail and Eric D. Puryear
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Webster County, Rustin T. Davenport, Judge. AFFIRMED. Considered by Greer, P.J., Buller, J., and Mullins, S.J. Opinion by Greer, P.J. (8 pages)
DeNico Johnson appeals from the district court’s denial of his application for postconviction relief. Johnson reiterates his claim, asserting trial counsel failed to inform him that if he engaged in sexual exploitation of a student without using a pattern, practice, or scheme, the offense was not a felony and, if known, he would have elected to go to trial rather than plead guilty. OPINION HOLDS: Because Johnson did not establish he would have insisted on going to trial if he was told about sexual exploitation by a school employee, an aggravated misdemeanor, his claim of ineffective assistance fails. We affirm.
