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Case No. 17-1633

State of Iowa
v.
Melvin William Spencer III

Appellee

State of Iowa

Appellant

Melvin William Spencer III

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1633
Date Published:
Nov 21, 2018
Summary

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (17 pages)

            Melvin Spencer appeals his conviction following a jury trial for attempted murder.  OPINION HOLDS: Upon our review of the record, we do not find the district court abused its discretion when it ruled the evidence relating to the baggie of cocaine found at the scene was admissible because it was relevant, admissible for a non-character purpose, and more probative than prejudicial.  Nevertheless, even if the district court abused its discretion, the error was harmless under the facts of the case and does not warrant reversal.  Finally, we preserve for possible postconviction-relief proceedings Spencer’s ineffective-assistance-of-counsel claims.  Accordingly, we affirm Spencer’s conviction and sentence.

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