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Case No. 17-0753

State of Iowa
v.
Devaris Marquis Perry

Appellee

State of Iowa

Appellants

Devaris Marquis Perry

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellants

Denise M. Gonyea
Devaris Perry, pro se

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0753
Date Published:
Mar 20, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Bradley M. McCall, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J.  Opinion by Potterfield, P.J.  (12 pages)

            Devaris Perry appeals from his convictions for attempted murder, intimidation with a dangerous weapon with intent, and reckless use of a firearm resulting in property damage.  With the assistance of counsel, Perry argues the district court abused its discretion in failing to exclude a State witness for whom there was inadequate notice, there was insufficient evidence to support his conviction for attempted murder, the weight of the evidence is contrary to each of the three guilty verdicts, and trial counsel provided ineffective assistance by failing to file a motion to suppress Perry’s involuntary confession.  Additionally, in a supplemental pro se brief, Perry reiterates some of the arguments made by counsel and also maintains there was no corroboration of accomplice testimony and his trial counsel was ineffective when he inadequately impeached a witness for the State.  OPINION HOLDS:  Substantial evidence supports Perry’s convictions—even if Stogner was an accomplice.  Additionally, we cannot say the district court abused its discretion when it denied Perry’s motion to exclude Stogner as a witness or when it denied Perry’s motion for new trial based on the weight of the evidence.  Thus, we affirm Perry’s convictions.  We preserve for possible postconviction relief his claims of ineffective assistance.  

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