State of Iowa
v.
Benjamin DeJesus-Cruz
Appellee
State of Iowa
Appellant
Benjamin DeJesus-Cruz
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Rees Conrad Douglas
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Sioux County, Patrick H. Tott and Julie Schumacher, Judges. AFFIRMED. Considered by Doyle, P.J., and Tabor and Mullins, JJ. Opinion by Doyle, P.J. (5 pages)
Benjamin DeJesus-Cruz appeals his convictions for manufacture, delivery, or possession of methamphetamine with intent to deliver and operating while intoxicated. OPINION HOLDS: Counsel may have breached an essential duty in failing to make a separate argument concerning the impoundment and search of his vehicle under the state constitution’s prohibition against unreasonable searches and seizures. No Iowa cases had foreclosed the argument counsel failed to make, and case law from other jurisdictions supported the position. We preserve this claim for postconviction relief to allow full development of the record regarding counsel’s decision-making and any prejudice to DeJesus-Cruz.
