No. 05-1877.Court of Appeals of Iowa.
February 14, 2007.
Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.
Earl Freeman appeals the district court’s denial of his application for postconviction relief. AFFIRMED.
Kent A. Gummert of Gaudineer, Comito Comito, L.L.P., West Des Moines, for appellant.
Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, John P. Sarcone, County Attorney, and Joseph Weeg, Assistant County Attorney, for appellee.
Considered by Sackett, C.J., Vaitheswaran, J., and Brown, S.J.[*]
SACKETT, C.J.
Earl Freeman appeals from the district court ruling denying his application for postconviction relief based on ineffective assistance of trial counsel. We affirm.
Our review of a claim of ineffective assistance of counsel is de novo. Nguyen v. State, 707 N.W.2d 317, 322-23 (Iowa 2005). To establish ineffective assistance of counsel, a defendant must show that (1) counsel failed to perform an essential duty, and (2) prejudice resulted. State v. Biddle, 652 N.W.2d 191, 203 (Iowa 2002). We may look to either prong to dispose of an ineffective assistance claim Ledezma v. State, 626 N.W.2d 134, 142 (Iowa 2001). There is a strong presumption counsel performed competently Brewer v. State, 444 N.W.2d 77, 83 (Iowa 1989).
On our review of the record we affirm.
AFFIRMED.