State of Iowa
v.
Marissa Marie Johnson
Appellee
State of Iowa
Appellant
Marissa Marie Johnson
Attorney for the Appellee
Kyle Hanson, 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, Linda M. Fangman, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (10 pages)
Marissa Johnson challenges her conviction for attempted second-degree burglary, arguing there was insufficient evidence of specific intent, her counsel was ineffective by failing to request the burglary marshaling instruction include the entering alternative, and her counsel was ineffective by failing to object to hearsay or request a limiting instruction. OPINION HOLDS: We find sufficient evidence of specific intent to support Johnson’s conviction, Johnson has failed to show deficient performance or prejudice based on her counsel’s failure to request the entering alternative, and the hearsay statements fell under the present sense impression exception to the hearsay rule and her counsel did not breach an essential duty by failing to object. We affirm her conviction.
