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Case No. 18-0958

State of Iowa
v.
Melanie Anne Holman

Appellee

State of Iowa

Appellant

Melanie Anne Holman

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Thomas M. McIntee

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0958
Date Published:
Mar 04, 2020
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. 

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