State of Iowa v. Centrel Daunta Handy ( 2019 )

IN THE COURT OF APPEALS OF IOWA
No. 18-0273
Filed February 6, 2019
STATE OF IOWA,
Plaintiff-Appellee,
vs.
CENTREL DAUNTA HANDY,
Defendant-Appellant.
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Appeal from the Iowa District Court for Des Moines County, Michael J.
Schilling, Judge.
Centrel Handy appeals his conviction for possession of a firearm by a felon.
AFFIRMED.
Trent A. Henkelvig of Henkelvig Law, Danville, for appellant.
Thomas J. Miller, Attorney General, and Genevieve Reinkoester, Assistant
Attorney General, for appellee.
Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.
2
VAITHESWARAN, Judge.
Centrel Handy appeals his conviction for possession of a firearm by a felon,
in violation of Iowa Code section 724.26(1) (2017). Handy contends his trial
attorney was ineffective in failing to argue “Iowa Code chapter 724 is
unconstitutional under the 2nd amendment [to the United States Constitution] in
light of the [District of Columbia v. Heller, 554 U.S. 570 (2008)] decision.” The
State preliminarily responds Handy waived the issue by failing to “make any
argument regarding how his trial counsel breached a duty [and] how this breach
prejudiced him, and” by failing “to cite any authority in support of these claims.”
The Iowa Supreme Court recently held, “If the development of the
ineffective-assistance claim in the appellate brief [is] insufficient to allow its
consideration, the court of appeals should not consider the claim, but it should not
outright reject it.” State v. Harris, 919 N.W.2d 753, 754 (Iowa 2018). The court
stated the defendant could “bring a separate postconviction-relief action based on
his ineffective-assistance-of-counsel claim.” Id.
Pursuant to Harris, we affirm Handy’s conviction and sentence without
prejudice to his right to raise his ineffective-assistance-of-counsel claim in a
postconviction-relief application.
AFFIRMED.