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Case No. 17-0727

State of Iowa
v.
Bryce Ladaris Gully

Appellee

State of Iowa

Appellant

Bryce Ladaris Gully

Attorney for the Appellee

Sharon K. Hall, Assistant Attorney General

Attorney for the Appellant

Charles J. Kenville

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0727
Date Published:
Sep 26, 2018
Summary

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (24 pages)

            Bryce Gully appeals his convictions of several drug- and gun-related crimes and the sentences imposed. He contends: (1) the district court erred in denying his motion to suppress evidence obtained pursuant to a search warrant because the warrant application lacked probable cause; (2) the district court abused its discretion in denying his motions for a mistrial; (3) there was insufficient evidence to support his convictions and the district court therefore erred in denying his motions for judgment of acquittal; (4) the sentences imposed amount to cruel and unusual punishment because his prior convictions supporting sentencing enhancement were committed when he was a juvenile; and (5) his trial counsel rendered ineffective assistance in failing to object to the racial makeup of the jury pool.  OPINION HOLDS: We affirm Gully’s conviction and sentence in their entirety.  We preserve Gully’s ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings. 

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