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Case No. 17-2079

State of Iowa
Michael Alan Fry


State of Iowa


Michael Alan Fry

Attorney for the Appellee

Kevin Cmelik, Assistant Attorney General

Attorney for the Appellant

Ronald W. Kepford

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 03, 2019

            Appeal from the Iowa District Court for Union County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Michael Fry appeals his judgment and sentence for possession of methamphetamine, third or subsequent offense, as a habitual felon.  He contends, “[T]he trial court erred by failing to consider [his] request for new counsel, violating his Sixth Amendment Right to counsel.”  OPINION HOLDS: The record is inadequate to resolve Fry’s claim that he was entitled to substitute counsel either based on a breakdown in the attorney-client relationship or because of a conflict of interest, as he alleges.  Accordingly, we affirm his judgment and sentence and preserve his claim for possible postconviction relief.

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