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Case No. 17-1236

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Nora Pettyjohn

Appellee

State of Iowa

Appellant

Nora Pettyjohn

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1236
Date Published:
Aug 01, 2018
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. 

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