State v. Breitbach

SNELL, Justice.

Appellant, Thomas J. Breitbach, appeals his conviction of escape in violation of Iowa Code section 719.4(1) (1989). Breitbach challenges his conviction on the basis of three asserted errors. First, he contends that defense counsel’s failure to move for a judgment of acquittal at the close of the State’s evidence denied him effective assistance of counsel. Second, he maintains that he was denied effective assistance of counsel in that his attorney failed to move for a mistrial in response to two items of State’s evidence that were ultimately determined to be inadmissible.…