State of Iowa
v.
Darieo Equanne Tillman
Appellee
State of Iowa
Appellant
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:
Summary
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.