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IN THE COURT OF APPEALS OF IOWA No. 2-289 / 11-0356 Filed June 27, 2012

STATE OF IOWA, Plaintiff-Appellee, vs. JACOB SCOTT HILGENDORF, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Iowa County, Denver D. Dillard, Judge.

The defendant appeals his judgment and sentence for first-degree murder. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Tim McMeen, County Attorney, and Douglas Hammerand, Assistant County Attorney, for appellee.

Heard by Eisenhauer, C.J., and Potterfield and Mullins, JJ.

2 EISENHAUER, C.J. Jacob Hilgendorf appeals his judgment and sentence for first-degree murder. He claims the district court erred in admitting hearsay statements under Iowa Rule of Evidence 5.801(d)(2)(E) (coconspirator statements). He

additionally claims his trial counsel was ineffective. We affirm his conviction and preserve his ineffective-assistance claim for a possible postconviction relief proceeding. I. Background Facts and Proceedings. Denise Frei lived with victim Curtis Bailey at his home in Marengo. Bailey owned a caf

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