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State of Iowa
v.
Quentin Johnson
Appellee
State of Iowa
Quentin Johnson
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the
Mark C. Meyer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Mullins, J. (7 pages)
Quentin Johnson appeals his conviction of possession of marijuana with intent to deliver. OPINION HOLDS: The applicable statutory language does not bar a jury from considering whether marijuana possessed by one person may be divided into personal- and shared-use portions. Furthermore, the legislature specifically declared accommodation to be a lesser-included offense of possession with intent to deliver while other lesser-included offenses also exist. Accordingly, Johnson should have been provided an opportunity to present an accommodation theory to the jury.
