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Case No. 18-2198

State of Iowa
v.
Dantrell Akeem Jacobbie Matthews

Appellee

State of Iowa

Appellant

Dantrell Akeem Jacobbie Matthews

Attorneys for Appellee

Israel Kodiaga and Sharon K. Hall, Assistant Attorneys General

Attorneys for Appellant

Nan Jennisch, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2198
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J. (13 pages)

            Dantrell Matthews appeals his convictions for carrying weapons and criminal gang participation.  Matthews argues there was insufficient evidence to support conviction on both charges and that his counsel was ineffective in failing to challenge specific elements of both charges and an improper jury instruction.  OPINION HOLDS: Our review of the record reveals sufficient evidence was presented to convict Matthews of both crimes.  However, counsel’s failure to request an instruction on the “going” element of carrying weapons constituted failure to perform an essential duty that prejudiced Matthews.  Accordingly, Matthews’s convictions on both counts are reversed and remanded for new trial.

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