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State of Iowa v. andres Ochoa Vasquez

IN THE COURT OF APPEALS OF IOWA


March 27, 2013

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
ANDRES OCHOA VASQUEZ, DEFENDANT-APPELLANT.

Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.

The opinion of the court was delivered by: Vogel, P.J.

A defendant appeals his conviction and sentence for operating a motor vehicle while under the influence, third offense. AFFIRMED.

Considered by Vogel, P.J., and Potterfield and Doyle, JJ.

The defendant, Andres Vasquez Ochoa,*fn1 appeals his conviction, sentence, and judgment for operating a motor vehicle while under the influence (OWI), third offense, a class "D" felony, in violation of Iowa Code section 321J.2 (2009). He claims his trial counsel was ineffective by failing to ensure he voluntarily and intelligently stipulated to his prior OWI convictions. "Only in rare cases will the trial record alone be sufficient to resolve the claim on direct appeal." State v. Straw, 709 N.W.2d 128, 133 (Iowa 2006). Post-conviction proceedings allow an adequate record to be developed and allow the attorney charged with providing ineffective assistance an opportunity to respond to the defendant's claims. State v. Biddle, 652 N.W.2d 191, 203 (Iowa 2002). Because we find the record insufficient to resolve this claim on direct appeal, we affirm the conviction pursuant to Iowa Court Rule 21.29(a) and (e), and preserve the issue for possible post-conviction proceedings.

AFFIRMED.


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