State of Iowa
v.
Raul Louis Liendo
Appellee
State of Iowa
Appellant
Raul Louis Liendo
Attorney for the Appellee
David Banta, Assistant Attorney General
Attorney for the Appellant
Rachel C. Regenold, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, Meghan Corbin, Judge. CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS. Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ. Opinion by Badding, J. (10 pages)
Raul Liendo appeals his conviction and sentence for introduction of contraband onto the grounds of a jail, challenging the sufficiency of the evidence supporting his conviction, the district court’s failure to engage in an adequate habitual-offender colloquy, and its imposition of a fine. OPINION HOLDS: Under the unchallenged marshaling instruction in this case, we find that substantial evidence supports Liendo’s conviction because he was “confined” within the ordinary meaning of the word, he knew that he had Fireball whiskey on his person, and the evidence showed the liquid in the bottle was whiskey, an intoxicating beverage. While we affirm his conviction, we vacate his sentence and remand for further proceedings because the court’s habitual offender colloquy was deficient.
