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Case No. 19-0653

State of Iowa
Quentin Johnson


State of Iowa

Quentin Johnson

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the

Mark C. Meyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 19, 2020

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (7 pages)

            Quentin Johnson appeals his conviction of possession of marijuana with intent to deliver.  OPINION HOLDS: The applicable statutory language does not bar a jury from considering whether marijuana possessed by one person may be divided into personal- and shared-use portions.  Furthermore, the legislature specifically declared accommodation to be a lesser-included offense of possession with intent to deliver while other lesser-included offenses also exist.  Accordingly, Johnson should have been provided an opportunity to present an accommodation theory to the jury.

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