from the Iowa District Court for Webster County, Kurt J.
appeals his conviction for knowingly possessing a firearm.
Charles J. Kenville of Kenville Law Firm, P.C., Fort Dodge,
J. Miller, Attorney General, and Genevieve Reinkoester,
Assistant Attorney General, for appellee.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
of the Coleman District of Fort Dodge recalled Trevor Martin
walking around their neighborhood "ranting and
raving" and carrying a long gun. A jury later convicted
him of knowingly possessing a firearm as a felon. On appeal,
Martin argues his attorney was ineffective in not asking the
district court to instruct the jury on the definition of
"knowingly." Because that word did not carry a
specialized legal connotation, counsel had no duty to ask for
the uniform instruction defining "knowledge."
Accordingly, we affirm.
Facts and Prior Proceedings
there's a guy at the corner with a gun and two little
kids." A sixty-six-year-old resident testified her
teenaged granddaughter alerted her to the disturbance
unfolding in their neighborhood around suppertime on August
28, 2016. The "guy" turned out to be Martin, who
was carrying a Ruger semiautomatic .22 caliber rifle, loaded
with two clips of ammunition. The grandmother testified:
At first, he was carrying [the long gun], sideways; and then
he set it down on the ground. And there were two little girls
with him. One of the little girls picked it up. And he said
to that little girl, "You'll shoot my daddy in the
face for me."
then took the gun back from the girl and continued walking
around, repeatedly saying: "I'm going to shoot you
in the face." The grandmother yelled at Martin to get
out of her yard before another bystander grabbed the gun away
from him. A short time later, police officers arrived and
State charged Martin with being a felon in possession of a
firearm, a class "D" felony, in violation of Iowa
Code section 724.26 (2016). A jury found him guilty in
November 2016, and the court sentenced him to an
indeterminate five-year prison term. Martin appeals, seeking
a new trial.
Ineffective Assistance of Counsel-Jury Instruction
argues he did not receive effective representation at trial
because his attorney did not request the jury be instructed
on the meaning of "knowingly" as that term appeared
in the marshalling instruction for possession of a firearm by
a felon. He ...