IN THE COURT OF APPEALS OF IOWA
No. 13-1825
Filed October 1, 2014
STATE OF IOWA,
Plaintiff-Appellee,
vs.
LUEKINNA MITCHELL,
Defendant-Appellant.
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Appeal from the Iowa District Court for Scott County, Douglas C.
McDonald, Judge.
A defendant appeals her conviction and sentence for operating while
intoxicated, first offense. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Aaron Rogers, Assistant Attorney
General, Michael J. Walton, County Attorney, and Joseph Grubisich, Assistant
County Attorney, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and McDonald, JJ.
2
VAITHESWARAN, P.J.
The district court found Luekinna Mitchell guilty of operating a motor
vehicle while intoxicated, first offense. On appeal, Mitchell contends her trial
attorney was ineffective in failing to (1) seek video documentation of her vehicle
stop and jailhouse conversation before the recordings were destroyed pursuant
to standard retention policies and (2) object to the State’s insinuations that she
was a liar and requests to comment on the credibility of other witnesses. We
preserve these claims for postconviction relief proceedings to allow development
of the record and an opportunity for Mitchell’s attorney to respond. See State v.
DeCamp, 622 N.W.2d 290, 296 (Iowa 2001) (preserving ineffective-assistance-
of-counsel claims based on erasure of videotape). See also State v. Graves, 668
N.W.2d 860, 869 (Iowa 2003) (“Generally, ineffective-assistance claims are
preserved for postconviction relief proceedings to afford the defendant an
evidentiary hearing and thereby permit the development of a more complete
record.”) (citation omitted).
AFFIRMED.