State of Iowa
v.
Benjamin Lloyd Freking
Appellee
State of Iowa
Appellant
Benjamin Lloyd Freking
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Matthew G. Sease and Kylie E. Crawford
Supreme Court
Oral Argument Schedule
Non-Oral
Supreme Court Opinion
Opinion Number:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
