State of Iowa
v.
Untril D. Overstreet
Appellee
State of Iowa
Appellant
Untril D. Overstreet
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Ashley Stewart, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ. Opinion by Mullins, J. (5 pages)
Untril Overstreet appeals multiple criminal convictions stemming from a traffic stop. He raises two arguments on appeal: (1) the district court abused its discretion in denying his request to continue trial for the purpose of filing a motion to suppress and (2) his attorneys rendered ineffective assistance in failing to move for suppression of evidence obtained following the stop on the basis that the stop was pretextual and therefore in violation of article I, section 8 of the Iowa Constitution. OPINION HOLDS: We conclude the district court did not abuse its discretion in denying Overstreet’s motion to continue and Overstreet’s attorneys were not ineffective as alleged. We affirm Overstreet’s convictions.
