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Klinger v. State

Court of Appeal of Iowa

November 6, 2013

BOBBY R. KLINGER SR., Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.

The defendant appeals from denial of his application for postconviction relief.

Jesse A. Macro Jr. of Gaudineer, Comito & George, L.L.P., West Des Moines, for appellant.

Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, John Sarcone, County Attorney, and Susan Cox, Assistant County Attorney, for appellee.

Considered by Potterfield, P.J., and Mullins and Bower, JJ.

MULLINS, J.

A jury convicted Bobby R. Klinger Sr. of third-degree burglary as a habitual offender on June 8, 2010. This court affirmed the conviction in State v. Klinger, No. 10-1041, 2011 WL 2420706 (Iowa Ct. App. June 15, 2011). On August 2, 2011, Klinger filed a pro se application for postconviction relief. Postconviction counsel filed an amended application on November 22, 2011 alleging five grounds of ineffective assistance of counsel. The postconviction court held trial on May 30, 2012. On October 18, 2012, the court filed its ruling denying the application on all grounds alleged. Klinger appeals, reasserting four of the five grounds for relief.

The postconviction court's detailed and thorough ruling addressed the issues presented and correctly found that counsel was not ineffective. Klinger was unable to show trial counsel breached any professional duty. Pursuant to Iowa Court Rules 21.26(1)(a), (d), and (e), this court affirms the postconviction court's denial of Klinger's application.

AFFIRMED.


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