State of Iowa
v.
Milton Andrew Bokemeyer
Appellee
State of Iowa
Appellant
Milton Andrew Bokemeyer
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge. CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART, SENTENCES AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Badding and Buller, JJ. Opinion by Badding, J. Partial dissent by Buller, J. (24 pages)
Milton Bokemeyer appeals his convictions and sentences for drug and firearm offenses, claiming the State presented insufficient evidence that he possessed psilocybin, failed to affix drug tax stamps, or possessed a firearm. Bokemeyer alternatively claims that the evidence only supports one conviction for possessing a firearm in violation of Iowa Code section 724.26 (2021). OPINION HOLDS: Because we find there was insufficient evidence to support Bokemeyer’s convictions for possession of psilocybin and failure to affix dug tax stamps, we reverse these convictions. Additionally, while we find sufficient evidence that Bokemeyer possessed a firearm, we agree that he could properly be convicted of only one violation of section 724.26, so we reverse one of his convictions under that statute. This leaves Bokemeyer with convictions for possession of methamphetamine, manufacturing marijuana while in possession of a firearm, and one count of possession of a firearm under section 724.26. Because the district court imposed consecutive sentences on two of Bokemeyer’s convictions—one of which we have reversed—we vacate the sentences on the remaining convictions and remand for resentencing. PARTIAL DISSENT ASSERTS: I dissent in part because the video and photo evidence was sufficient to prove a tax-stamp violation for the methamphetamine. I also disagree with the majority’s reliance on what I consider outdated and wrongly decided unpublished cases.
