IN THE COURT OF APPEALS OF IOWA
No. 15-1924
Filed November 9, 2016
STATE OF IOWA,
Plaintiff-Appellee,
vs.
JACOB EDWARD PAUTSCH,
Defendant-Appellant.
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Appeal from the Iowa District Court for Scott County, Christine Dalton
Ploof, District Associate Judge.
Defendant appeals his conviction for domestic abuse assault causing
bodily injury. AFFIRMED.
Zeke R. McCartney of Reynolds & Kenline, L.L.P., Dubuque, for appellant.
Thomas J. Miller, Attorney General, and Jean C. Pettinger, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.
2
MCDONALD, Judge.
Following a guilty plea, Jacob Pautsch was convicted of domestic abuse
assault causing bodily injury, in violation of Iowa Code section 708.2A(2)(b)
(2013). On appeal, Pautsch contends his counsel provided constitutionally
deficient representation in failing to advise him of possible defenses to the
charge, including the defenses of diminished responsibility and intoxication, and
in failing to file a notice of defenses. The record is inadequate to resolve
Pautsch’s claim on direct appeal. We affirm his conviction and preserve his
claims of ineffective assistance of counsel for postconviction-relief proceedings.
See Iowa Code § 814.7(3) (2015) (“If an ineffective assistance of counsel claim is
raised on direct appeal from the criminal proceedings, the court may decide the
record is adequate to decide the claim or may choose to preserve the claim for
determination under chapter 822.”); State v. Johnson, 784 N.W.2d 192, 198
(Iowa 2010) (determining a court “must preserve” an ineffective assistance claim
if the record is inadequate to address it on direct appeal).
AFFIRMED.