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IN THE COURT OF APPEALS OF IOWA No. 7-636 / 06-0293 Filed October 12, 2007

DAVID ALLEN ROCKWELL, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.

A postconviction relief applicant appeals from the district court's order denying the application. AFFIRMED.

Tara Elcock, Des Moines, and Richard Phelps, Mingo, for appellant. Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, John P. Sarcone, County Attorney, and Michael Hunter, Assistant County Attorney, for appellee.

Considered by Huitink, P.J., and Vogel and Baker, JJ.

2 VOGEL, J. David Rockwell appeals the district court's dismissal of his application for postconviction relief. Rockwell asserts (1) that his trial counsel was ineffective for failing to secure a particular blood sample 1 and (2) that on direct appeal the court of appeals erred in finding sufficient evidence to support his conviction. These claims are not properly before this court. On direct appeal, Rockwell raised the identical ineffective assistance of counsel and sufficiency of the evidence claims. State v. Rockwell, No. 00-1118 (Iowa Ct. App. 2001). This court resolved Rockwell's ineffective assistance of counsel claim on the merits, deciding that Rockwell was unable to establish he was prejudiced due to the overwhelming amount of evidence that supported his conviction. Id.

Additionally, we held sufficient evidence supported his conviction. Id. "Issues that have been raised, litigated, and adjudicated on direct appeal cannot be relitigated in a postconviction proceeding." Wycoff v. State, 382 N.W.2d 462, 465 (Iowa 1986). Rockwell cannot reassert these claims that were decided adversely to him on direct appeal. Iowa Code

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