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STATE v. HENDERSON

No. 10-1871.

804 N.W.2d 723 (2011)

STATE of Iowa, Plaintiff-Appellee, v. Vaughn Clair HENDERSON, Defendant-Appellant.

Court of Appeals of Iowa.

July 27, 2011.

Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Patricia Reynolds , Assistant State Appellate Defender.

Thomas J. Miller , Attorney General, Kyle Hanson , Assistant Attorney General, Matthew D. Wilber , County Attorney, and Christine Shockey , Assistant County Attorney, for appellee.

Considered by EISENHAUER, P.J., and POTTERFIELD and TABOR, JJ.

TABOR, J.

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 theft convictions. Because we conclude that Henderson...

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