State of Iowa
v.
Carl Phillip Porter
Appellee
State of Iowa
Appellant
Carl Phillip Porter
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert and Joel W. Barrows, Judges. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ. Opinion by Ahlers, P.J. (8 pages)
Carl Porter appeals his conviction for possession with intent to deliver more than five grams of methamphetamine; failure to affix a drug tax stamp; and possession of marijuana, second offense. He challenges the district court’s denial of his motion to suppress, arguing the stop of his vehicle was unconstitutional; claims the evidence was insufficient to support the finding that he intended to deliver the methamphetamine; and claims the court abused its discretion by denying his motion for new trial, which claimed the verdict was contrary to the weight of the evidence. OPINION HOLDS: Officers had reasonable suspicion of criminal activity that justified the stop of Porter’s vehicle. The finding of intent to deliver was supported by substantial evidence, and the court did not abuse its discretion when it denied Porter’s motion for new trial because the verdict was not contrary to the weight of the evidence.
