State of Iowa
v.
Irvin Johnson, Jr.
The State seeks further review of the court of appeals opinion remanding the case for correction of an illegal sentence and vacating Irvin Johnson, Jr.’s convictions for possession of marijuana. Johnson argued the district court should have entered judgment only on the greater offense because his serious misdemeanor convictions for possessing marijuana were necessarily included in his felony convictions for eluding that were enhanced based on marijuana possession. The court of appeals determined the serious misdemeanors should merge into the felonies on the basis the court found no clear legislative intent to impose double punishment resulting in violation of the double jeopardy clause. Iowa Code § 701.9 (2017).
Applicant
State of Iowa
Resister
Irvin Johnson, Jr.
Attorney for the Applicant
Timothy M. Hau
Attorney for the Resister
Shellie L. Knipfer
Supreme Court
Oral Argument Schedule
Non-Oral
Sep 17, 2020 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge. CONVICTIONS VACATED IN PART AND REMANDED FOR CORRECTION OF ILLEGAL SENTENCE. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Tabor, J. (10 pages)
Irvin Johnson Jr. appeals his convictions for felony eluding enhanced based on marijuana possession. He argues the district court should have entered judgment only on the greater offense. The merger question hinges on whether our legislature showed a clear intent to impose cumulative punishments. OPINION HOLDS: Because we find no such clear legislative intent, we conclude the marijuana possession conviction should merge into the felony. We remand for correction of Johnson’s illegal sentence.