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State of Iowa
v.
Justin Andre Baker
Defendant appealed from the judgments and sentences entered on his convictions for possession of marijuana with intent to deliver, failure to affix a drug tax stamp, two counts of driving while barred, and possession of marijuana (second offense). He asserted that the district court erred in overruling his motion to suppress, his guilty plea was involuntary due to trial counsel’s ineffectiveness in failing to file another motion to suppress, and the district court abused its discretion in imposing sentence. The court of appeals affirmed. Defendant seeks further review.
Resister
State of Iowa
Applicant
Justin Andre Baker
Attorney for the Resister
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Applicant
Martha J. Lucey, Assistant Appellate Defender
Supreme Court
Oral Argument Schedule
15-15-5
Mar 05, 2019 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge. AFFIRMED. Heard by Vogel, P.J., Tabor, J., and Carr, S.J. Opinion by Vogel, P.J. Dissent by Tabor, J. (24 pages)
Justin Baker appeals his convictions and sentences for possession with intent to deliver marijuana and other charges. He argues the district court erred in denying his motion to suppress, his counsel was ineffective for failing to file another motion to suppress, and the district court abused its discretion in imposing his sentence. OPINION HOLDS: We find the court properly denied the motion to suppress, he has not shown prejudice resulted from his counsel’s failure to file a second motion, and the court adequately explained its reasoning for imposing his sentence. DISSENT ASSERTS: I would reverse the district court’s denial of Justin Baker’s motion to suppress. I do not believe the State demonstrated the totality of the circumstances gave rise to reasonable suspicion necessary to conduct an investigatory stop of Baker’s vehicle.