Appeal from the Iowa District Court for Madison County, Sherman W. Phipps, Judge.
Defendant appeals his convictions for burglary in the third degree.
Unes J. Booth of Booth Law Firm, Osceola, for appellant.
Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, and Julie Forsyth, County Attorney, for appellee.
Considered by Potterfield, P.J., Bower, J., and Sackett, S.J.[*]
Hector Camacho appeals his conviction for burglary in the third degree. He claims he received ineffective assistance from defense counsel on several different grounds. We determine his claims cannot be addressed on the present record and preserve his claims of ineffective assistance of counsel. We affirm the conviction for third-degree burglary.
I. Background Facts & Proceedings
The following evidence was presented during the criminal trial in this case. On October 4, 2011, Christine Roseberry left her home in Cumming, Iowa, at about 10:20 to 10:30 a.m. to perform an errand. She had an appointment to meet Everett Kenoyer at her home at 11:30 a.m., and she returned at that time. As she drove up to her house she saw the garage door was up and a white sports utility vehicle (SUV) was backed into her garage. She then also noticed the front door of the home had been broken open. The white SUV drove out past her and she saw the driver.
Roseberry saw that Kenoyer was in his vehicle at the end of her driveway, and she yelled that the person in the white SUV had broken into her home. Kenoyer saw the driver as he passed by him. Kenoyer followed the vehicle, which he stated was a GMC Suburban or Chevrolet Tahoe. The white SUV turned around and passed Kenoyer going the opposite direction. Kenoyer stated he got a good look at the driver. He noticed the license plate number, damage to the left front bumper, and that the vehicle had tinted windows.
Kenoyer called the police and told them the license plate number of the white SUV. Officers determined a white Tahoe with that license plate number was registered to Lourdes Muchuca de Camacho, who lived in Des Moines. Lourdes stated the vehicle was kept at the home of her son, Camacho. Camacho's wife, Karla Camacho, their child, and Camacho's twin brother, Francisco Camacho, also lived in Camacho's home.
On October 5, 2011, officers went to Camacho's home and found a 1996 white Tahoe without license plates parked next to the house. The vehicle had some damage to the left front bumper and a tinted rear window. From the Vehicle Identification Number (VIN) the officers determined it was the vehicle registered to Lourdes. Camacho told the officers the license plates had been stolen from the vehicle and he had reported the matter to the police a few days earlier. A check with the Des Moines Police Department did not show that any such report had been made. Camacho stated different license plates had been placed on the vehicle on that morning. He told the officers the vehicle would not run, but they were able to start it right away.
Several items had been taken from Roseberry's home, including a television and jewelry. Roseberry was shown a photographic lineup. She picked out the picture of Camacho, but stated she thought the person had lighter hair. She also mentioned it could have been another person in the photographic lineup. Kenoyer picked out the picture of Camacho from a photographic lineup. Both Roseberry and Kenoyer identified Camacho in the courtroom.
Camacho presented an alibi defense. Mindy Williams, the director of the Center for Behavioral Health (clinic), testified Camacho came in almost every day for treatment for opiate addiction. The clinic's records showed he had been in on October 4, 2011, and Williams stated it definitely had not been before 10:00 a.m. On cross-examination, however, she agreed it ...