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Case No. 17-0622

State of Iowa
v.
Justin Andre Baker

Defendant appealed from the judgments and sentences entered on his convictions for possession of marijuana with intent to deliver, failure to affix a drug tax stamp, two counts of driving while barred, and possession of marijuana (second offense). He asserted that the district court erred in overruling his motion to suppress, his guilty plea was involuntary due to trial counsel’s ineffectiveness in failing to file another motion to suppress, and the district court abused its discretion in imposing sentence. The court of appeals affirmed. Defendant seeks further review.

County:
Black Hawk

Resister

State of Iowa

Applicant

Justin Andre Baker

Attorneys for Resister

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Applicant

Martha J. Lucey, Assistant Appellate Defender

Supreme Court

Oral Argument Schedule

15-15-5

Mar 05, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
17-0622
Date Published:
Mar 29, 2019
Date Amended:
Jun 07, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0622
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by Vogel, P.J., Tabor, J., and Carr, S.J.  Opinion by Vogel, P.J.  Dissent by Tabor, J. (24 pages)

            Justin Baker appeals his convictions and sentences for possession with intent to deliver marijuana and other charges.  He argues the district court erred in denying his motion to suppress, his counsel was ineffective for failing to file another motion to suppress, and the district court abused its discretion in imposing his sentence.  OPINION HOLDS: We find the court properly denied the motion to suppress, he has not shown prejudice resulted from his counsel’s failure to file a second motion, and the court adequately explained its reasoning for imposing his sentence.  DISSENT ASSERTS: I would reverse the district court’s denial of Justin Baker’s motion to suppress.  I do not believe the State demonstrated the totality of the circumstances gave rise to reasonable suspicion necessary to conduct an investigatory stop of Baker’s vehicle.

Other Information

Date Further Review is Granted:
Jan 17, 2019

View archived opinions from prior to November 2017

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