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Case No. 17-1804

State of Iowa
v.
Michael Joseph Labarbera

Appellee

State of Iowa

Appellant

Michael Joseph Labarbera

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Eric D. Tindal

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1804
Date Published:
Mar 06, 2019
Summary

            Appeal from the Iowa District Court for Washington County, Randy S. DeGeest, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (2 pages)

            Michael Labarbera appeals his conviction for the manufacture, delivery, or possession with intent to manufacture or deliver marijuana.  He asserts his counsel was ineffective for failing to object to the prosecutor’s comments and witness’s testimony that he claims improperly inflamed the jury.  OPINION HOLDS: We affirm the conviction but preserve the ineffective-assistance claim for possible postconviction relief. 

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