Daniels v. State

OPINION

A jury convicted appellant Hosey Daniels of robbery. On appeal, he raised numerous assignments of error. By a motion filed after briefing was concluded, appellant seeks remand of this appeal to the district court for an evidentiary hearing on the issue of ineffective trial counsel. For the reasons set forth below, we deny the motion.

A claim of ineffective trial counsel is generally based on factual allegations which must be explored at an evidentiary hearing. Consequently, a claim of ineffective trial counsel is properly raised in proceedings for post-conviction relief. See Lewis v.…