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State of Iowa
v.
John Green
Appellee
State of Iowa
Appellant
John Green
Attorney for the Appellee
Kevin Cmelik, Assistant Attorney General
Attorney for the Appellant
John J. Sullivan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge, and Gregg R. Rosenbladt, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J. Opinion by Gamble, S.J. (11 pages)
John Green appeals his convictions for felon in possession of a firearm, possession with intent to deliver cocaine, possession with intent to deliver marijuana, and two counts of failure to affix a drug tax stamp. OPINION HOLDS: There is insufficient evidence Green constructively possessed a firearm or a bag of cocaine, both of which were found in the ceiling of a jointly occupied apartment. So we reverse his convictions related to possession of the firearm and cocaine. But we find sufficient evidence establishes Green constructively possessed marijuana with intent to deliver. So we affirm his conviction for possession with intent to deliver marijuana and the corresponding conviction for failure to affix a drug tax stamp.
