Re: Anyone here?

[Reince Reinwald]

On 6/3/2020 2:56 PM, KWills wrote:
> /Me Pops head up from behind the couch
>
> Anyone else still around?
>


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https://caselaw.findlaw.com/ia-supreme-court/1360099.html

Wills' claim is without merit.   As we have discussed, the residence is
the one and only “occupied structure” under the facts of this case.  
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection.   See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was not
ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.

WIGGINS, Justice.