Defendant appeals from his conviction for obtaining prescription drugs by fraud, deceit, misrepresentation, or subterfuge in violation of Iowa Code § 155.29 (1981). On appeal defendant asserts: (1) that the evidence was insufficient to corroborate the testimony of an accomplice and that error on this issue was preserved; (2) that evidence of similar crimes committed in Minnesota should have been excluded; (3) that the evidence was insufficient to establish defendant’s guilt on an aiding and abetting theory and that error on this issue was preserved; and (4) that various omissions of trial counsel denied him his constitutional right to effective assistance of counsel. We affirm.
Our scope of review is on assigned errors. Iowa R.App.P. 4. However, when the appellate court reviews a claim of ineffective assistance of counsel on direct appeal, it makes an independent evaluation of the totality of the circumstances to determine if the defendant has met his burden to show that counsel failed to perform an essential duty, and that the defendant was prejudiced as a result.
State v. Aldape,
I.
Defendant met Harold Kjelander, who later became defendant’s accomplice, in a Minnesota detoxification center. The accomplice testified at trial that he and a woman posing as his daughter would visit doctors and obtain prescriptions for narcotic drugs while defendant waited for them in a car. The drugs would then be sold and the profits split between the three. The plan was implemented three or four times in Minnesota and twice in Iowa.
On the last such occasion the accomplice and the “daughter” were discovered and apprehended in a hospital. At the same time an investigating officer arrested defendant as he sat in a car in the parking lot reading a book. Defendant stated that he was waiting for someone. He had in his possession a piece of paper including the phone number of the doctor from whom the accomplice and the “daughter” attempted to obtain the drugs. The court found defendant guilty of aiding and abetting the accomplice and the woman posing as the accomplice’s daughter in the crime of obtaining prescription drugs by fraud, deceit and misrepresentation in violation of Iowa Code § 155.29 (1981). Defendant then instituted this appeal.
Defendant contends that there was insufficient evidence to corroborate the testimony of the accomplice. He also asserts that there was insufficient evidence from which a rational factfinder could find beyond a reasonable doubt that defendant aided and abetted in the commission of the crime charged. We agree with the State that defendant has failed to preserve error on these issues by not challenging the sufficiency of the evidence at trial. The case of
State v. Dickerson,
In the instant case defendant’s trial counsel did not move for judgment of acquittal, either on the basis of the insufficiency of the evidence in general or the lack of evidence to corroborate the accomplice’s testimony. Defendant is bound by the tactical or strategic decisions of his trial counsel.
Sims v. State,
III.
Defendant also contends that the court erred in admitting evidence of other crimes committed by him in Minnesota. Prior to trial defendant sought by motion in limine to exclude evidence that defendant had illegally obtained drugs in Minnesota. Defendant was allowed a standing objection to this evidence.
The rule governing the circumstances under which evidence of other crimes may be admitted against a defendant was recently set forth in
State v. Walsh,
Ordinarily proof of a prior crime is inadmissible to show defendant’s guilt at a later trial for another offense. State v. Cott,283 N.W.2d 324 , 326 (Iowa 1979). As pointed out in Cott, there are well defined exceptions to this rule, permitting evidence of a prior crime to establish motive, intent, absence of mistake, a common scheme of criminal activity, and identity. Id.
The question as to when evidence of a previous crime is admissible is one of relevance. The purpose of the rule, as stated in several of our cases, is to exclude from the jury’s consideration evidence which has no purpose except to show that defendant is a bad person and is more likely to have committed the crime for that reason. Id. at 326; State v. Folkens,281 N.W.2d 1 , 5 (Iowa 1979). If, however, such evidence tends to establish any issue embraced within the exceptions already noted, the relevancy test is satisfied.
... In considering [whether the proffered evidence is admissible as an exception], we use a two-prong test. First, the evidence must be relevant to one or more of the issues for which exceptions are recognized, and second, its probative value must outweigh the prejudicial effect engendered by showing the defendant has committed other crimes. Cott,283 N.W.2d at 328-29 ; State v. McDaniel,265 N.W.2d 917 , 921 (Iowa 1978).
Evidence of other crimes has been admitted to show knowledge and intent, and common scheme where intent or knowledge was a material element of the crime charged.
The admissibility of the evidence in the instant case depends upon whether it tends to establish that defendant aided and abetted in the commission of the crime. To establish aiding and abetting, it must be shown that the defendant “assented to or lent countenance and approval to the criminal act either by active participation in it or by some manner encouraging it prior to or at the time of its commission.”
State v. Lott,
IV.
Defendant’s final contention is that his trial attorney rendered ineffective assistance of counsel in several respects. He complains that his trial attorney failed to move for judgment of acquittal, either on the basis of the insufficiency of the evidence in general or the lack of evidence to corroborate the accomplice’s testimony. Trial counsel also failed to file a motion to suppress evidence seized from defendant’s person at the time of his arrest. Defendant asserts that, due to these actions, he was denied his sixth and fourteenth amendment right to effective assistance of counsel.
See McMann v. Richardson,
Having found all of defendant’s contentions to be without merit, we affirm the conviction.
AFFIRMED.