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Case No. 19-1362

State of Iowa
v.
Benjamin Lloyd Freking

Appellee

State of Iowa

Appellant

Benjamin Lloyd Freking

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Matthew G. Sease and Kylie E. Crawford

Supreme Court

Oral Argument Schedule

Non-Oral

Supreme Court Opinion

Opinion Number:
19-1362

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1362
Date Published:
May 12, 2021
Summary

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  CONVICTION AFFIRMED; SENTENCED VACATED IN PART AND REMANDED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

            Benjamin Freking appeals his conviction, following a bench trial on the minutes of evidence, of possession of a controlled substance, marijuana.  He challenges the district court’s denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional traffic stop.  He also challenges a component of his sentence, the imposition of a drug abuse resistance education (DARE) surcharge.  OPINION HOLDS: We affirm the denial of Freking’s motion to suppress and conviction.  We vacate the imposition of the DARE surcharge as part of Freking’s sentence and remand the matter to the district court to enter a corrected sentencing order.

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