State of Iowa
v.
Cliff Allen Lowe
Appellee
State of Iowa
Appellant
Cliff Allen Lowe
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Nan Jennisch, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Appanoose County, Lucy J. Gamon, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Doyle, J., and Scott, S.J. Opinion by Scott, S.J. (3 pages)
Cliff Lowe appeals his conviction of third-offense possession of a controlled substance, as a habitual offender, claiming his counsel rendered ineffective assistance in failing to move for suppression of evidence obtained following an allegedly illegal pretextual stop and subsequent inventory search of a vehicle in which he was a passenger. OPINION HOLDS: We find counsel was under no duty to pursue the meritless arguments and Lowe was not prejudiced. We affirm Lowe’s conviction.