State of Iowa
v.
Melanie Anne Holman
Appellee
State of Iowa
Appellant
Melanie Anne Holman
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Thomas M. McIntee
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED. Considered by Bower, C.J., Mullins, J., and Carr, S.J. Opinion by Carr, S.J. (5 pages)
Melanie Anne Holman appeals her conviction for operating while intoxicated, third or subsequent offense. OPINION HOLDS: Holman has failed to show she received ineffective assistance of counsel. Counsel had no duty to move to suppress the breath test results because there is no probability the motion would have succeeded. And Holman was not prejudiced by counsel’s failure to move to suppress any statements made after she asked for an attorney or challenge evidence that she was operating under the influence of alcohol because the State only prosecuted her under the theory that she operated a motor vehicle while having an alcohol concentration of .08 or more.
