State of Iowa v. Bruce Lamont Johnson Jr. ( 2017 )

IN THE COURT OF APPEALS OF IOWA
No. 16-2167
Filed October 11, 2017
STATE OF IOWA,
Plaintiff-Appellee,
vs.
BRUCE LAMONT JOHNSON JR.,
Defendant-Appellant.
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Appeal from the Iowa District Court for Scott County, Henry W. Latham II,
Judge.
Defendant appeals his conviction for theft in the first degree. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Brenda J. Gohr, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney
General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
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BOWER, Judge.
Bruce Johnson Jr. appeals his conviction for theft in the first degree. We
find Johnson has failed to show he received ineffective assistance on the ground
defense counsel did not object to evidence Johnson initially gave police officers a
false identification card. We affirm his conviction.
I. Background Facts & Proceedings
On July 4, 2016, David Scott went to the Isle of Capri Casino in
Bettendorf. As Scott stood in a line to register for a prize drawing, he had two
voucher tickets in his front shirt pocket—one for five dollars and one for $115.1 A
person bumped into him, and he felt a tug on his shirt. Scott noticed his two
voucher tickets were missing and he contacted security. A review of video from
the casino security cameras showed Johnson reached into Scott’s pocket and
took the voucher tickets.
The casino security team contacted the Bettendorf Police Department.
Lieutenant John Majeske and Officer Ashley Guffey approached Johnson at the
casino. He told them his name was William Maxey and gave them a Colorado
identification card. After some discussion, Johnson stated he had taken one
voucher. Officer Guffey noted the picture on the Colorado identification card did
not look like the defendant. Johnson then told officers his real name.
Johnson was charged with theft in the first degree, in violation of Iowa
Code section 714.2(1) (2016). A jury found Johnson guilty of this offense.
Johnson was sentenced to a term of imprisonment not to exceed ten years. He
1
The voucher tickets could be used to play the slot machines or could be redeemed for
cash.
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now appeals his conviction, claiming he received ineffective assistance of
counsel.
II. Standard of Review
We conduct a de novo review of claims of ineffective assistance of
counsel. State v. Maxwell, 743 N.W.2d 185, 195 (Iowa 2008). To establish a
claim of ineffective assistance of counsel, a defendant must prove (1) counsel
failed to perform an essential duty and (2) prejudice resulted to the extent it
denied the defendant a fair trial. Id. A defendant’s failure to prove either element
by a preponderance of the evidence is fatal to a claim of ineffective assistance.
State v. Polly, 657 N.W.2d 462, 465 (Iowa 2003).
III. Ineffective Assistance
Johnson claims he received ineffective assistance because defense
counsel did not object to the evidence he used a false name and gave officers a
false identification card when he was first approached. He states the evidence
was more prejudicial than probative and was also inadmissible as evidence of
other crimes, wrongs, or acts under Iowa Rule of Evidence 5.404(b). He states
the evidence was not relevant to show he committed first-degree theft.
In reviewing a claim of ineffective assistance of counsel, “[i]f a claim lacks
prejudice, it can be decided on that ground alone without deciding whether the
attorney performed deficiently.” Ledezma v. State, 626 N.W.2d 134, 142 (Iowa
2001). In order to show prejudice, a defendant must show “there is a reasonable
probability that, but for counsel’s unprofessional errors, the result of the
proceeding would have been different.” Id. at 143 (quoting Strickland v.
4
Washington, 466 U.S. 668, 694 (1984)). “A reasonable probability is a probability
sufficient to undermine confidence in the outcome.” Id.We find Johnson has not shown he was prejudiced by counsel’s conduct.
There is not a reasonable probability the result of the trial would have been
different if the evidence Johnson gave a false name and identification card to
officers had been omitted during the trial, as there was overwhelming evidence
Johnson committed first-degree theft. See State v. Parker, 747 N.W.2d 196, 211
(Iowa 2008) (finding there was no showing of the prejudice element of a claim of
ineffective assistance of counsel where the evidence of the defendant’s guilt was
overwhelming). The security video showed Johnson took the voucher tickets out
of Scott’s pocket. Also, while discussing the incident with officers, Scott
confessed he had taken one voucher. We conclude Johnson has not shown he
received ineffective assistance of counsel.
We affirm Johnson’s conviction for first-degree theft.
AFFIRMED.