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| State v. Allen, No. 6-085 / 05-0832,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Defendant's conviction for delivery of a controlled substance, in violation of Iowa Code § 124.401(1)(b) (2003), was upheld where there was no error in the trial court's refusal to submit possession as a lesser included offense of delivery of a controlled substance. The omission of the lesser offense was not prejudicial.
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| State v. Brant, No. 6-074 / 05-0548,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: A trial court properly denied a motion to suppress defendant's refusal of a breath test where defendant's statutory right to counsel under Iowa Code § 804.20 (2003) was not violated. Defendant was allowed to make a number of telephone calls to attorneys both prior to and after the invocation of implied consent.
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| State v. Burke, No. 6-158 / 05-0733,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Defendant's convictions were remanded for a new judgment and resentencing because the appellate court held that one of the convictions for assault with a dangerous weapon in violation of Iowa Code § 708.2(3) had to be merged with conviction for intimidation with a dangerous weapon in violation of Iowa Code § 708.6.
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| State v. Dreher, No. 6-091 / 05-1032,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: In a kidnapping case under Iowa Code §§ 710.1, 710.1 (2003), defendant did not receive ineffective assistance of counsel when an attorney failed to object to the testimony of a deputy and a victim because they did not give an opinion on the ultimate issue, in violation of Iowa R. Evid. 5.704.
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| State v. Fischels-Wordehoff, No. 6-083 / 05-0762,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Defendant's conviction of operating while intoxicated, second offense, in violation of Iowa Code § 321J.2 (2003), was affirmed where officer had reasonable suspicion to stop defendant's vehicle because she had followed it for approximately seven minutes and observed weaving and erratic driving during that time.
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| State v. Hugo, No. 5-962 / 05-0519,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Search of a vehicle did not violate the Fourth Amendment because it was an investigatory stop supported by probable cause; based on defendants' act of purchasing pseudoephedrine pills in a large quantity inconsistent with personal use and defensive behavior, there was probable cause to believe a violation of Iowa Code § 124.401(4)(b) had occurred.
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| State v. Jackson, No. 6-059 / 04-1871,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Where the evidence showed that defendant admitted to touching a victim's penis through his underwear during an overnight visit, there was sufficient evidence presented to support a conviction for sex abuse in the third degree, in violation of Iowa Code § 709.4(1) (2003).
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| State v. King, No. 6-137 / 05-1034,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: In a lascivious act with a child case, defendant's indeterminate five-year term of confinement, to be followed by two years of special release, was not an illegal sentence as the sentence was authorized by Iowa Code § 709.8, and the specific provisions of § 709.8 prevailed over the more general provisions of Iowa Code § 902.9.
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| State v. Sindelar, No. 6-128 / 05-0554,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: In a possession of marijuana and failure to affix a drug tax stamp case, the appellate court could not rule on defendant's ineffective assistance of counsel claim based on counsel's failure to object to the trial court's refusal to accept a guilty plea to only one count as the record was insufficient to rule on the merits of the claim.
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