State of Iowa
v.
Tiffany Kay Milbrath
Appellee
State of Iowa
Appellant
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:
Summary
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.