State of Iowa
v.
Charles L. Cain
Appellee
State of Iowa
Appellant
Charles L. Cain
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Susan R. Stockdale
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. (17 pages)
Charles L. Cain Jr. appeals from convictions for conspiracy to deliver methamphetamine while in possession of a firearm, possession of methamphetamine with intent to deliver while possessing a firearm, and failure to possess a drug tax stamp. He challenges the sufficiency and weight of evidence supporting his convictions and also contends the court abused its discretion in ruling on the admissibility of evidence. OPINION HOLDS: There is not substantial evidence supporting a conviction for conspiracy, and we reverse that conviction. The evidence allows an inference that Cain was aware of and had the ability to control the drugs in the immediate vicinity of the passenger seat, and we affirm the conviction for possession with intent to deliver. The conviction for failing to possess a drug tax stamp is reversed as the weight of the drugs associated with Cain falls below the statutory threshold. Because we reverse the convictions for conspiracy and failure to affix a drug tax stamp, we vacate the sentences imposed and remand for resentencing.
