People v. Dingman CA4/1

INTRODUCTION

A jury convicted Lucas Dingman of the second degree murder of his young son, B.D. In this direct appeal, he raises only a single claim of ineffective assistance of counsel. Because the appellate record does not enable us to conclude that his trial counsel’s performance was constitutionally deficient, we reject his claim.

FACTUAL AND PROCEDURAL BACKGROUND

Eleven-month-old B.D. was badly burned when his crib caught fire on the morning of May 20, 2011. Although a neighbor was able to put out the fire with a fire extinguisher, B.D. succumbed to his injuries and died the next day. B.D. lived with his parents, Dingman and Alicia B., in a two-bedroom apartment in Apple Valley. At the time of the fire, Tailor T. and her her two- and-half-year-old toddler, C.W., were staying in the apartment. Dingman, Alicia, and Tailor were habitual methamphetamine users. After the fire, drug paraphernalia as well as two BIC lighters were found in the master bedroom where Dingman and Alicia slept. One torch-

style lighter1 was found on the floor of the living room, where Tailor and C.W. slept. At the trial in 2022, the only question was who started the fire. The prosecution claimed it was…