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Wright v. State

Court of Appeals of Iowa

January 9, 2020

DEMARRIO DESHON WRIGHT, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.

         DeMarrio Wright appeals following the denial of his application for postconviction relief.

          Richard Hollis, Des Moines, for appellant.

          DeMarrio D. Wright, Fort Dodge, pro se appellant.

          Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney General, for appellee State.

          Considered by Bower, C.J., and May and Greer, JJ.

          BOWER, Chief Judge.

         DeMarrio Wright appeals following the denial of his application for postconviction relief (PCR). We conclude Wright has failed to prove his claim of ineffective assistance of counsel. We affirm.

         I. Background Facts & Proceedings

         On August 15, 2011, a criminal complaint was filed accusing Wright of lascivious acts with a child. A trial information filed on October 31, and amended in July 2012, also charged Wright with sexual abuse in the third degree, sexual abuse in the second degree, and indecent contact with a child.[1] The minor victim alleged Wright perpetrated multiple incidents of indecent contact and sex abuse between 2005 and November 2010 in both Iowa and Mississippi.

         In October 2012, a jury found Wright guilty of sexual abuse in the second and third degree and indecent contact with a child.[2] We upheld his conviction on direct appeal. State v. Wright, No. 12-2138, 2014 WL 956064, at *7 (Iowa Ct. App. Mar. 12, 2014). Wright's direct appeal challenged the admission of testimony regarding a subsequent sex-abuse incident in Mississippi and alleged a speedy-indictment violation. See id. at *3, *5. The supreme court denied further review.

         On June 23, 2014, Wright filed a PCR application. In a recast application, Wright alleged multiple ways his counsel provided ineffective assistance at trial. Following the PCR trial, at which Wright and his trial counsel testified, the district court dismissed the application.

         Wright appeals, claiming his counsel provided ineffective assistance.

         II. ...


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