from the Iowa District Court for Scott County, Henry W.
Latham II, Judge.
appeals his conviction for theft in the first degree.
C. Smith, State Appellate Defender, and Brenda J. Gohr,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
Johnson Jr. appeals his conviction for theft in the first
degree. We find Johnson has failed to show he received
ineffective assistance on the ground defense counsel did not
object to evidence Johnson initially gave police officers a
false identification card. We affirm his conviction.
Background Facts & Proceedings
4, 2016, David Scott went to the Isle of Capri Casino in
Bettendorf. As Scott stood in a line to register for a prize
drawing, he had two voucher tickets in his front shirt
pocket-one for five dollars and one for $115. A person bumped
into him, and he felt a tug on his shirt. Scott noticed his
two voucher tickets were missing and he contacted security. A
review of video from the casino security cameras showed
Johnson reached into Scott's pocket and took the voucher
casino security team contacted the Bettendorf Police
Department. Lieutenant John Majeske and Officer Ashley Guffey
approached Johnson at the casino. He told them his name was
William Maxey and gave them a Colorado identification card.
After some discussion, Johnson stated he had taken one
voucher. Officer Guffey noted the picture on the Colorado
identification card did not look like the defendant. Johnson
then told officers his real name.
was charged with theft in the first degree, in violation of
Iowa Code section 714.2(1) (2016). A jury found Johnson
guilty of this offense. Johnson was sentenced to a term of
imprisonment not to exceed ten years. He now appeals his
conviction, claiming he received ineffective assistance of
Standard of Review
conduct a de novo review of claims of ineffective assistance
of counsel. State v. Maxwell, 743 N.W.2d 185, 195
(Iowa 2008). To establish a claim of ineffective assistance
of counsel, a defendant must prove (1) counsel failed to
perform an essential duty and (2) prejudice resulted to the
extent it denied the defendant a fair trial. Id. A
defendant's failure to prove either element by a
preponderance of the evidence is fatal to a claim of
ineffective assistance. State v. Polly, 657 N.W.2d
462, 465 (Iowa 2003).