IN THE COURT OF APPEALS OF IOWA
No. 15-0648
Filed May 11, 2016
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ALSTON RAY CAMPBELL,
Defendant-Appellant.
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Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt,
Judge.
Alston Campbell appeals his conviction, judgment, and sentence for
operating while intoxicated, second offense. AFFIRMED.
Don L. Williams, Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney
General, for appellee.
Considered by Potterfield, P.J., and Mullins and McDonald, JJ.
2
MULLINS, Judge.
A jury found Alston Campbell guilty of operating while intoxicated, second
offense. He has appealed his judgment and sentence, alleging his successive
trial counsel were ineffective in failing: (1) to adequately investigate the
availability and content of surveillance videos from the convenience store where
he was seen shortly before his arrest, (2) to interview the convenience store
clerk, (3) to obtain video of the procedure of, and conversation with, law
enforcement at the Polk County Jail, (4) to have witness depositions reported,
(5) to request a continuance of trial when substitute counsel was appointed only
eight days before trial, and (6) to keep him adequately informed and advised of
trial preparation and strategy.
We agree with the State that the record is inadequate to address any of
those claims. See State v. Biddle, 652 N.W.2d 191, 203 (Iowa 2002) (noting we
generally preserve ineffective-assistance-of-counsel claims for possible
postconviction-relief proceedings in which a more thorough record can be
developed and trial counsel is given an opportunity to explain his or her conduct).
Accordingly, we affirm the judgment and sentence and preserve all claims for
possible postconviction-relief proceedings. See State v. Johnson, 784 N.W.2d
192, 198 (Iowa 2010) (holding that if a claim of ineffective assistance of counsel
cannot be addressed on appeal because of an inadequate record, the court must
preserve it for postconviction-relief proceedings).
AFFIRMED.