State v. Henderson

Vaughn Henderson pleaded guilty to theft in the third degree, admitting that he took a video game console from a retail store without paying for it and that he had twice before been convicted of theft in Ohio. On appeal, he asks us to find his counsel was ineffective for not arguing that Iowa Code section 714.2(3) (2009) only allows for enhancement with prior Iowa *725theft convictions. Because we conclude that Henderson’s counsel did not fail to perform an essential duty, we affirm the conviction.

I.Background Facts and Proceedings

On May 10, 2010, Henderson took a Nintendo DSI from a Target store…