State of Iowa
v.
Vanessa Renae Gale
Vanessa Gale seeks further review of a court of appeals decision upholding her conviction and sentence for possession of a controlled substance, second offense, and possession of marijuana, second offense. Gale argues (1) that the district court erred in denying her motion to suppress evidence and (2) that the court should take judicial notice of a court record in a different case that shows she lacked a predicate offense to be sentenced for second-offense possession under Iowa Code § 124.401(5).
Resister
State of Iowa
Applicant
Vanessa Renae Gale
Attorney for the Resister
Katherine Wenman
Attorney for the Applicant
Ella M. Newell
Supreme Court
Oral Argument Schedule
Non-Oral
Mar 26, 2025 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Christine Dalton and Phillip J. Tabor, Judges. AFFIRMED. Considered by Ahlers, P.J., and Chicchelly and Buller, JJ. Tabor, C.J., takes no part. Opinion by Ahlers, P.J. (8 pages)
Vanessa Gale was charged with two counts of possession of a controlled substance, second offense. On appeal, Gale argues the evidence should have been suppressed due to an illegal seizure and asserts the imposed sentence is illegal because she did not have the predicate conviction to enhance the charges. OPINION HOLDS: We affirm the district court’s findings that the seizure of Gale was lawful, and the resulting evidence was admissible. We deny her challenge to the proof of her prior conviction of the predicate offense. Her convictions and resulting sentence are supported by the record.