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Case No. 17-1820

State of Iowa
v.
Benjamin DeJesus-Cruz

Appellee

State of Iowa

Appellant

Benjamin DeJesus-Cruz

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

Rees Conrad Douglas

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1820
Date Published:
Mar 20, 2019
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. 

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