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.