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IN THE COURT OF APPEALS OF IOWA No. 2-332 / 11-0847 Filed June 13, 2012 STATE OF IOWA, Plaintiff-Appellee, vs. CORY JOHNATHON PACE, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Mahaska County, Annette J. Scieszinski, Judge.

A defendant appeals from his convictions and sentences for two counts of theft. AFFIRMED.

Michael K. Lahammer, Cedar Rapids, for appellant. Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, and Rose Anne Mefford, County Attorney, for appellee.

Considered by Vogel, P.J., and Tabor and Bower, JJ.

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BOWER, J. Cory Johnathon Pace appeals from his convictions and sentences for two counts of theft. He contends he should be granted a new trial because a juror with familial ties to a defense witness was not dismissed, the photographs of stolen items that were admitted violated his due process rights, and bad acts evidence was allowed without a limiting instruction. Because Pace's claims were not properly preserved in the district court, they cannot be considered on appeal. Addressing Pace's alternative argument, we find his trial counsel did not breach a duty in failing to make a meritless challenge for cause of a prospective juror. Accordingly, we affirm. I. Background Facts and Proceedings. In September 2009, the Mahaska County Sherriff's Office received multiple burglary reports. When a refrigerator taken during one of the burglaries was discovered in Jacklyn Auxter's shed, she identified Pace as the person she believed had left it there. Sherriff's deputies were dispatched to Pace's

residence to look for stolen goods. Although Pace denied having any knowledge of stolen goods, he allowed the deputies to search his home. While walking through the residence, the deputies spotted a number of items they believed were stolen in the burglaries. These items included stainless steel appliances, a washer and dryer, a large-screen television, and a brand new furnace. The deputies left the residence without informing Pace of what they believed to be stolen. Also present in the home, at the time of the search, was Pace's fianc

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