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Case No. 18-0413

State of Iowa
Tiffany Kay Milbrath


State of Iowa


Tiffany Kay Milbrath

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Unes J. Booth

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 19, 2018

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent by Vogel, P.J.  (4 pages)

            Tiffany Milbrath appeals her conviction and sentence for possession of a controlled substance, arguing ineffective assistance of counsel.  OPINION HOLDS: We affirm Milbrath’s judgment and sentence and preserve the ineffective-assistance claim for postconviction relief.  PARTIAL DISSENT ASSERTS: I believe trial counsel had no duty to make sure the reasons Milbrath was not accepted into the drug court program were provided prior to sentencing.  I would therefore deny the ineffective-assistance claim and not preserve the issue for possible postconviction relief.  

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