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State of Iowa
v.
Nora Pettyjohn
Appellee
State of Iowa
Appellant
Nora Pettyjohn
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marion County, James D. Birkenholz, District Associate Judge, Terry L. Wilson, Judge, and Steven W. Guiter, District Associate Judge. CONVICTIONS AFFIRMED. SENTENCES VACATED. REMANDED FOR RESENTENCING. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Vogel, J. (12 pages)
Nora Pettyjohn appeals her convictions for operating while intoxicated and possession of methamphetamine, second offense. She argues the court erred in denying her motion to suppress, imposing an illegal sentence, and imposing consecutive sentences without stating the reasons for doing so. She also argues generally the evidence is insufficient to support her convictions and her counsel was ineffective for failing to file a motion to amend or enlarge the court’s findings. OPINION HOLDS: We find the court correctly denied her motion to suppress and her sentence was not illegal but rather a procedural sentencing issue not preserved on appeal. We further find sufficient evidence supports her convictions, and her counsel was not ineffective for failing to request the trial court to amend or enlarge its findings. However, the court erred in failing to state its reasoning for consecutive sentences.
