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State of Iowa
v.
Dantrell Akeem Jacobbie Matthews
Appellee
State of Iowa
Appellant
Dantrell Akeem Jacobbie Matthews
Attorney for the Appellee
Israel Kodiaga and Sharon K. Hall, Assistant Attorneys General
Attorney for the Appellant
Nan Jennisch, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge. REVERSED AND REMANDED FOR NEW TRIAL. Heard by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Mullins, J. (13 pages)
Dantrell Matthews appeals his convictions for carrying weapons and criminal gang participation. Matthews argues there was insufficient evidence to support conviction on both charges and that his counsel was ineffective in failing to challenge specific elements of both charges and an improper jury instruction. OPINION HOLDS: Our review of the record reveals sufficient evidence was presented to convict Matthews of both crimes. However, counsel’s failure to request an instruction on the “going” element of carrying weapons constituted failure to perform an essential duty that prejudiced Matthews. Accordingly, Matthews’s convictions on both counts are reversed and remanded for new trial.