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Case No. 22-1454

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

State of Iowa
v.
Justin Lee Borchers

Appellee

State of Iowa

Appellant

Justin Lee Borchers

Attorney for the Appellee

Anagha Dixit, Assistant Attorney General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1454
Date Published:
Feb 07, 2024
Summary

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Jeffrey A. Neary, and Patrick H. Tott, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (21 pages)

            Justin Lee Borchers appeals his convictions for introducing controlled substances into a jail and possession of controlled substances.  He contends there was insufficient evidence that he introduced the substances into the jail; his waiver of counsel was not knowing, intelligent, and voluntary; the court should have granted his motion to suppress; the court should have ordered a competency evaluation; and the court should have found him incompetent to represent himself.  OPINION HOLDS: We find substantial evidence does not support his convictions for introducing substances into the jail.  We reverse and remand for dismissal of those charges.  But because his other claims fail, we affirm his convictions for possession of controlled substances.  We also remand for resentencing on the remaining convictions.

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