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Case No. 19-0542

State of Iowa
John Green


State of Iowa


John Green

Attorney for the Appellee

Kevin Cmelik, Assistant Attorney General

Attorney for the Appellant

John J. Sullivan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 02, 2020

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge, and Gregg R. Rosenbladt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            John Green appeals his convictions for felon in possession of a firearm, possession with intent to deliver cocaine, possession with intent to deliver marijuana, and two counts of failure to affix a drug tax stamp.  OPINION HOLDS: There is insufficient evidence Green constructively possessed a firearm or a bag of cocaine, both of which were found in the ceiling of a jointly occupied apartment.  So we reverse his convictions related to possession of the firearm and cocaine.  But we find sufficient evidence establishes Green constructively possessed marijuana with intent to deliver.  So we affirm his conviction for possession with intent to deliver marijuana and the corresponding conviction for failure to affix a drug tax stamp.

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