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Dukes v. State

Court of Appeals of Iowa

December 5, 2018

JACQUE DUKES, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.

         Jacque Dukes appeals from the denial of his application for postconviction relief. AFFIRMED.

          Angela Campbell of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee State.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          DANILSON, Chief Judge.

         Jacque Dukes appeals from the denial of his application for postconviction relief (PCR). Because Dukes failed to prove trial counsel breached an essential duty resulting in prejudice, we affirm.

         The underlying facts are set out in State v. Dukes, No. 12-1552, 2013 WL 6405328, at *1-2 (Iowa Ct. App. Dec. 5, 2013):

Belinda Robinson, [Dukes's] former girlfriend, was staying with Alonzo Henderson in a trailer located in Cedar Falls, Iowa. She discovered that Henderson was expecting a large shipment of either marijuana or cocaine around January 27, 2011. Robinson decided to steal the drugs and contacted a friend, Crystal Cooper, and the defendant. The defendant, Cooper, and Cooper's boyfriend, Lamario Stokes, made a trip to Cedar Falls to case the trailer.
On January 26, Robinson notified Cooper and [Dukes] that the shipment had arrived. [Dukes], Cooper, Stokes, and Corey Moore, a friend of [Dukes], drove to Waterloo to a location near Henderson's trailer. Robinson came home from work and entered the trailer. A little later, Henderson arrived at the trailer with two other men, and the three men began unwrapping bundles of marijuana. Robinson informed the men she would get cigarettes and plastic bags, and left in the car in which the men had arrived.
While on the errand, Robinson contacted [Dukes], with whom she had been in telephone contact all afternoon. Robinson drove to where [Dukes] and the others were waiting in [Dukes's] car, and they devised a plan to lure the visitors out of the trailer. The visitor's car was left in a Hy-Vee parking lot. Robinson joined up with [Dukes] and the others, and told the owner of the car that the car had run out of gas and had been left in the Hy-Vee parking lot. She further told him she had gotten a ride with a friend. The two visitors left the trailer to retrieve the car. [Dukes], Stokes, and Moore exited [Dukes's] car and entered the trailer.
Henderson did not recognize the intruders. He recalled that two guns were trained on him. As he tried to walk away and enter his bedroom, he was struck in the head with a gun and a struggle ensued. A second man hit Henderson in the head, and eventually shots were fired, hitting Henderson twice. All three intruders hurried back to [Dukes's] car, and [Dukes] and Moore threw two blue laundry bags into the back of the car.
The group then went to the apartment of Moore's girlfriend, Bridget Johnson, and divided up the marijuana contained in the laundry bags. There was fifty-seven pounds of marijuana, and [Dukes] took fourteen pounds as his share.
[Dukes] later told Robinson that during the robbery he hit Henderson with a gun, but the gun flew out of his hand, and he believed it went under the bed. He then hit Henderson with a laptop computer. The police investigation after the incident found a pistol under the bed and a laptop computer on the floor nearby. [Dukes's] fingerprints were not found on the gun. Cooper overheard Moore say he had shot Henderson, and [Dukes] mentioned getting into a struggle with Henderson, hitting him in the face with a gun, which he dropped and left at the trailer.
Moore was eventually arrested for speeding, and he had in his possession a gun, which was proved to have fired the shots that struck Henderson. Also seized from Moore's car was ammunition matching the ammunition found in the gun found on Henderson's floor. ...

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