January 11, 2017
STATE OF IOWA, Plaintiff-Appellee,
MICHAEL NEEL GLEASON, Defendant-Appellant.
from the Iowa District Court for Pocahontas County, Gary L.
Gleason appeals from his conviction for eluding. AFFIRMED.
W. Bjornstad of Bjornstad Law Office, Spirit Lake, for
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., Doyle, J., and Mahan, S.J.
Gleason appeals from his conviction for eluding,
in violation of Iowa Code section 321.279(1) (2013),
contending there is insufficient evidence to support the
conviction, and that trial counsel was ineffective in failing
to secure an expert witness to review the patrol car audio
recording of the incident. In a separate pro se brief, in
addition to the ineffective-assistance claim, Gleason alleges
the deputy falsely testified he activated his siren, the
audio of the patrol car recording had been altered to insert
siren sounds, and the prosecutor withheld that evidence.
of the evidence challenges are reviewed for correction of
errors at law." State v. Hearn, 797 N.W.2d 577,
579 (Iowa 2011).
driver commits eluding when he "willfully fails to bring
the motor vehicle to a stop or otherwise eludes or attempts
to elude a marked official law enforcement vehicle driven by
a uniformed peace officer after being given a visual and
audible signal to stop." Iowa Code § 321.279(1).
the evidence in the light most favorable to the State,
see Hearn, 797 N.W.2d at 580, we conclude there is
substantial evidence supporting the conviction. Gleason
himself testified he saw the deputy's vehicle behind him
for several minutes and its lights were activated. He also
acknowledged the vehicle was marked and the deputy was in
uniform. In Gleason's own audio recording, he muses aloud
the deputy might want him to pull over; nonetheless, he kept
driving. Gleason denied hearing the deputy's siren.
However, the deputy testified he had manually activated the
siren, which is heard on the audio recording from the
deputy's vehicle. Defense counsel questioned the deputy
about why the siren indicator of the vehicle recording was
not on, and the deputy explained the indicator showed when
the siren was activated automatically but not when activated
manually. The question was thus one of fact, which is in the
sole province of the jury. See State v. Williams,
315 N.W.2d 45, 58 (Iowa 1982) (noting the credibility of
witnesses and weight to be given their testimony is sole
province of jury). The jury was not required to accept the
defendant's version of the facts. State v.
Trammell, 458 N.W.2d 862, 863 (Iowa Ct. App. 1990).
Because there is substantial evidence from which a jury could
find Gleason willfully failed to stop his vehicle in response
to the deputy's flashing lights and siren, we affirm the
not address Gleason's pro se claims or the claims of
ineffective assistance of trial and appellate counsel,
of which are best left for possible postconviction
proceedings. We therefore affirm.
[*]Senior judge assigned by order
pursuant to Iowa Code section 602.9206 (2017).
 Gleason and his siblings have been at
odds for many years over their mother's estate and are
not strangers to this court. See Gleason v. Gleason,
No. 13-0876, 2015 WL 9450403 (Iowa Ct. App. Dec. 23, 2015);
Gleason v. Korde, No 12-2025, 2014 WL 4628912 (Iowa
Ct. App. Sep. 17, 2014). This criminal charge arose out of
Gleason wanting his brother to be served with a subpoena,
Gleason chasing his brother in a vehicle, and his failing to
pull over for an officer following them both.
 Gleason has also filed a motion in
this court to replace his appellate attorney on
ineffective-assistance-of-counsel grounds. We deny the
motion. This appeal has been pending since October 2013.
Several appellate attorneys have withdrawn during the three
years the matter has been pending, and this most recent
motion was filed on December 18, 2016. Generally, claims of
ineffective assistance of counsel, particularly when
considering an appellate attorney's performance, are best
considered in postconviction-relief proceedings where a more
complete record can be made and counsel is allowed the
opportunity to respond. See State v. Tompkins, 859
N.W.2d 631, 643 (Iowa 2015).