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IN THE COURT OF APPEALS OF IOWA No. 8-968 / 07-1354 Filed December 31, 2008 GARY BOWERS, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Cedar County, Mary E. Howes, Judge.

Applicant appeals from the district courts order granting the States motion for summary disposition of the applicants post-conviction relief claims. AFFIRMED.

Mary Lynn Wolfe, Clinton, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, and Sterling L. Benz, County Attorney, for appellee.

Considered by Sackett, C.J., and Eisenhauer and Doyle, JJ.

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SACKETT, C.J. Applicant, Gary Bowers, appeals from the district court order granting the States motion for summary disposition of Bowerss postconviction relief claims pursuant to Iowa Code section 822.6 (2005). Bowers was convicted of four counts of sexual abuse in the second degree in violation of Iowa Code sections 709.1 and 709.3 (2001). His

convictions were affirmed in State v. Bowers, 661 N.W.2d 536 (Iowa 2003). Bowers filed an application for postconviction relief on May 26, 2006. He

asserted he received ineffective assistance of counsel when his trial attorney (1) failed to make a sufficient record of the trial courts rejection of a proposed plea agreement, and (2) failed to counteroffer a plea agreement or consider applicable law during plea negotiations. The State filed a motion for summary disposition under Iowa Code section 822.6 and, following a hearing, it was granted by the district court on July 23, 2007. Bowers does not challenge the district courts conclusions on appeal. Rather, Bowers asserts a new claim of ineffective assistance of counsel. He contends his trial attorney was ineffective for failing to make a reasonable investigation into the victims criminal history. He also argues his appellate and postconviction attorneys were ineffective in failing to raise this issue in earlier proceedings.

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ERROR PRESERVATION & STANDARD OF REVIEW.

An applicant

need not raise ineffective assistance of counsel claims on direct appeal to preserve them. Iowa Code

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