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Case No. 18-0606

State of Iowa
Untril D. Overstreet


State of Iowa


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:
Dec 18, 2019

           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.

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