Daveone Rashad Brown v. State of Iowa
Daveone Rashad Brown v. State of Iowa
Opinion
Daveone Brown was convicted of second-degree robbery for taking $1277 from the victim while his codefendant threatened the victim. On appeal, we found substantial evidence supported the conviction.
State v. Brown
, No. 14-0055,
Brown thereafter filed this application for postconviction relief (PCR), contending, in part, trial counsel was ineffective in failing to request a jury instruction defining theft. The district court denied the application, and Brown now appeals.
"Generally, an appeal from a denial of an application for postconviction relief is reviewed for correction of errors at law."
Perez v. State
,
To prevail on a claim of ineffective assistance of counsel, the applicant must demonstrate both ineffective assistance and prejudice. Both elements must be proven by a preponderance of the evidence. However, both elements do not always need to be addressed. If the claim lacks prejudice, it can be decided on that ground alone without deciding whether the attorney performed deficiently.
Brown was charged with first-degree robbery. At trial, the jury was instructed:
The State must prove all of the following elements of robbery in the first degree as to defendant Daveone Rashad Brown:
(1) On or about the 28th day of January, 2013, the defendant Daveone Rashad Brown, or someone he aided and abetted, had the specific intent to commit a theft.
(2) To carry out his intention or to assist him in escaping from the scene, the defendant or someone he aided and abetted:
(a) Committed an assault upon [the victim] and/or
(b) Threatened [the victim] with, and/or purposely put [the victim] in fear of immediate serious injury.
(3) The defendant, Daveone Rashad Brown or someone he aided and abetted, was armed with a dangerous weapon.
If the State has proved all of the elements, the defendant, Daveone Rashad Brown is guilty of robbery in the first degree. If the State has proved only elements 1 and 2, but not 3, the defendant Daveone Rashad Brown is guilty of robbery in the second degree. If the State has proved only element number 2, the defendant, Daveone Rashad Brown is guilty of assault. If the State has failed to prove any of the above elements, the defendant, Daveone Rashad Brown is not guilty.
Brown contends trial counsel was ineffective in failing to request an instruction defining theft. The PCR court noted the jury was properly instructed on the elements of robbery, which includes the "intent to commit a theft."
See
State v. Rich
,
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.