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Case No. 18-1956

State of Iowa
Darieo Equanne Tillman


State of Iowa


Darieo Equanne Tillman

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2020

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler and Joel A. Dalrymple, Judges.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Darieo Tillman appeals his conviction for possession of marijuana with intent to deliver.  OPINION HOLDS: We affirm the district court’s decision finding the officer’s actions after stopping the pickup in which Tillman was a passenger were objectively reasonable and denying the motion to suppress.  We determine Tillman’s claim of ineffective assistance of counsel should be preserved for possible postconviction proceedings. We vacate the restitution portion of the sentencing order and remand the case to the district court.

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