from the Iowa District Court for Black Hawk County, James D.
Coil, District Associate Judge.
defendant challenges his conviction for enhanced
domestic-abuse assault, alleging his trial counsel was
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., Mullins, J., and Goodhue, S.J.
hearing testimony that Undray Reed threw an electric fan at
his mother, then punched and head-butted her, a jury
convicted him of domestic-abuse assault causing bodily
injury. The district court enhanced the assault to an
aggravated misdemeanor after Reed admitted to a previous
domestic-abuse conviction. On appeal, Reed complains his
trial counsel was ineffective in handling his prior
convictions for impeachment purposes under Iowa Rule of
Evidence 5.609(a). Because the record is inadequate to decide
the question of counsel's effectiveness, we affirm
Reed's conviction and preserve the impeachment issue for
Facts and Prior Proceedings
a possible prison sentence in June 2015, Reed and his pit
bull, Bossie, moved in with his mother and her fiancé.
Reed's mother also owned a dog, a Boston Terrier mix
named Chloe. Seeing how his mother disciplined Chloe, Reed
was worried about Bossie's care: "I've raised
the dog since she was a puppy, and I wanted to leave her in
the best possible hands." When Reed confronted his
mother about her treatment of Chloe, she told him:
"Well, you and your dog can get the fuck out."
to Reed's mother, he then threw an electric fan at her
and punched her in the face. As her fiancé struggled
to intervene, Reed head-butted his mother. Reed claimed he
was acting in self-defense after his mother grabbed the front
of his shirt. Reed also claimed his mother threw a lamp at
him. Police responded to the scene and arrested Reed.
Reed's mother suffered swelling to her head.
State charged Reed with domestic-abuse assault causing bodily
injury, in violation of Iowa Code section 708.2A(3)(b)
(2015), alleging he had been previously convicted of domestic
abuse in 2005. He stood trial before a jury in September
2015. The State presented testimony from Reed's mother,
her fiancé, and two police officers. Reed testified in
his own defense. After one hour of deliberation, the jury
returned a verdict of guilty. Reed admitted to a prior
domestic-abuse conviction and received a prison sentence not
to exceed two years. Reed now appeals, challenging the
performance of his trial counsel.
Standard and Appropriateness for Review
review claims concerning the effective assistance of counsel
de novo. See State v. Utter, 803 N.W.2d 647, 651
(Iowa 2011). Generally, we preserve such claims to be heard
at postconviction-relief proceedings. See id. We
will do so regardless of our estimation of the claim's
"potential viability." See State v.
Johnson, 784 N.W.2d 192, 198 (Iowa 2010). We only
address a claim challenging counsel's performance on
direct appeal if development of the factual record would not
be useful to our resolution. See State v. Carroll,
767 N.W.2d 638, 641 (Iowa 2009).