from the Iowa District Court for Polk County, Paul D. Scott,
defendant appeals his conviction asserting his counsel
provided ineffective assistance.
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., Mullins, J., and Scott, S.J.
Thorpe Jr. appeals his conviction for second-degree robbery
following a jury trial. Thorpe asserts his counsel provided
ineffective assistance when counsel failed to object to the
admission of portions of the jail-visit video that he claims
contains improper other-bad-acts evidence. See Iowa
R. Evid. 5.404(b). Because the jury was able to consider this
evidence, Thorpe claims he suffered prejudice. Assuming
without deciding counsel should have objected to the portions
of the video Thorpe contends were improper, we affirm
Thorpe's conviction because we conclude Thorpe cannot
prove the result of the proceeding would have been different.
Background Facts and Proceedings.
Sprouse left work at the Von Maur in West Des Moines a few
minutes after 6 p.m. on November 22, 2015, and headed to her
vehicle in the parking lot. She was approached by an
individual dressed in dark clothing wearing a black ski mask.
She could see the individual's eyes and nose but not the
rest of the person's face. The individual pointed a
at her, and Lindsey handed over her car keys, wallet, and
cell phone. When the individual turned to get into
Lindsey's vehicle, Lindsey ran to a coworker, who was
getting into her own vehicle a few rows away. The coworker
called the police as the individual driving Lindsey's car
drove out of the parking lot at a high rate of speed.
police dispatched the information regarding the description
of the individual and the vehicle's year, make, model,
color, and license plate number. An officer in Windsor
Heights heard the dispatch, and within seconds, he observed a
vehicle and driver matching the description pulling into the
Walmart parking lot. The officer pulled directly behind the
vehicle as the vehicle pulled into a parking space, blocking
its exit; confirmed the license plate matched the stolen
vehicle; and ordered the driver, Thorpe, to exit with his
hands in the air. Officers discovered a BB gun in
Thorpe's coat pocket, and on the passenger side seat, the
police observed a black ski mask and Lindsey's wallet.
was transported to the Walmart parking lot where she
positively identified Thorpe as the individual who had stolen
her vehicle. Thorpe was charged with second-degree robbery
and held in jail. While in jail, Thorpe spoke with a visitor
through the jail's video system. A short portion of that
visit was introduced and shown at the jury trial, which
occurred February 22, 2016. The jury found Thorpe guilty as
charged, he was sentenced to ten years in prison with a
seventy-percent mandatory minimum, and the fine was
Scope and Standard of Review.
review of a claim of ineffective assistance of counsel is de
novo in light of the claim's constitutional nature.
Nguyen v. State, 878 N.W.2d 744, 750 (Iowa 2016).
When the claim is made on direct appeal, we must determine
whether the record is adequate to resolve the claim or
whether it must be preserved for postconviction relief
proceedings. State v. Johnson, 784 N.W.2d 192, 198
(Iowa 2010). Upon our review of the record in this appeal, we
determine the record is adequate to address Thorpe's
III. Ineffective ...