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Case No. 19-0947

State of Iowa
Marissa Marie Johnson


State of Iowa


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:
Jun 03, 2020

            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.

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