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IN THE COURT OF APPEALS OF IOWA No. 0-844 / 10-0251 Filed December 8, 2010 JAMES LLOYD HOUSTON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Davis County, James Q. Blomgren, Judge.

Defendant appeals his denial of postconviction relief. AFFIRMED.

Monte M. McCoy, Centerville, for appellant. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, and Rick Lynch, County Attorney, for appellee.

Considered by Eisenhauer, P.J., and Potterfield and Doyle, JJ. Tabor, J., takes no part.

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PER CURIAM James Houston appeals the district court's denial of postconviction relief. Houston argues the court erred in not finding his counsel ineffective for failing to request the complete instruction on intoxication as a defense. Because we agree with the district court's reasoning, its conclusions under the facts presented, and its application of the law, we affirm pursuant to Iowa Rule of Appellate Procedure 6.1203(a), (d). AFFIRMED.



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