State of Iowa v. Steven Lenard Viers Jr, 15-1586

Steven Viers was convicted by jury of OWI (third or subsequent offense) with habitual-offender enhancement and of driving while barred; he appeals the convictions.
Viers claimed multiple failures by trial counsel amounting to ineffective assistance: not filing a notice of defense based on his multiple sclerosis, not moving to suppress the stop, not calling witnesses, poor communication, and inadequate trial preparation.
Viers also argued his sentence under Iowa Code § 902.8 (habitual offender) was illegal because the trial information did not expressly cite that statute, though it alleged he was a "habitual felon" and listed three prior felony OWI convictions.
The State argued (1) many ineffective-assistance claims were inadequately developed on appeal and the record was insufficient to resolve them, and (2) the challenge to the trial information was unpreserved because it was not raised below; the State further argued the information and minutes of testimony adequately apprised Viers of the habitual-offender charge.
The court preserved the ineffective-assistance claims for postconviction-relief proceedings because the record was inadequate to resolve them on direct appeal, but rejected the claim that counsel was ineffective for failing to challenge the trial information and affirmed the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate record is adequate to resolve ineffective-assistance claims raised on direct appeal	State: record inadequate; such claims better addressed in PCR proceedings	Viers: counsel ineffective in numerous specific ways; seeks direct resolution on appeal	Court: record inadequate; preserved claims for postconviction relief
Whether trial information was insufficient for habitual-offender sentencing because it did not cite § 902.8	State: defendant was adequately informed by information and minutes; objection was not raised below so unpreserved	Viers: absence of statutory citation rendered sentence illegal	Court: issue unpreserved; information and minutes sufficiently apprised Viers of habitual-offender charge; objection would have failed
Whether counsel was ineffective for failing to challenge the trial information’s adequacy	State: challenge meritless because information plus minutes informed defendant	Viers: counsel should have objected to omission of § 902.8	Court: counsel not ineffective for failing to pursue a meritless issue; no prejudice shown
Whether convictions should be reversed	State: convictions valid; procedural defaults apply	Viers: seeks reversal based on counsel and charging defects	Court: convictions affirmed; ineffective-assistance claims preserved for PCR

State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (ineffective-assistance claims preserved for postconviction relief when record on direct appeal is inadequate)
State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (appellate courts generally will not consider issues raised first in a reply brief)
State v. Watkins, 659 N.W.2d 526 (Iowa 2003) (bill of particulars purpose and preservation rules for challenges to charging instruments)
State v. McCright, 569 N.W.2d 605 (Iowa 1997) (constitutional and other issues not raised in district court cannot be raised first on appeal)
State v. Brothern, 832 N.W.2d 187 (Iowa 2013) (objections must be made at earliest opportunity; courts will not fault counsel for failing to pursue meritless claims)
State v. Brisco, 816 N.W.2d 415 (Iowa Ct. App. 2012) (trial information and minutes of testimony are considered together to determine whether defendant was adequately apprised of charges)
State v. Dalton, 674 N.W.2d 111 (Iowa 2004) (counsel not ineffective for failing to challenge an information that sufficiently apprised the defendant of the charge even if it omitted a specific statutory paragraph)