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State v. McKinney

March 16, 2005

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
MICHAEL TROY MCKINNEY, DEFENDANT-APPELLANT.



Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.

Considered by Sackett, C.J., and Zimmer and Hecht, JJ.

The opinion of the court was delivered by: Zimmer, J.

Michael Troy McKinney appeals from his conviction for possession of pseudoephedrine with intent to manufacture methamphetamine. REVERSED AND REMANDED.

A jury found Michael Troy McKinney guilty of three drug-related charges: possession of pseudoephedrine with intent to manufacture methamphetamine; possession of a controlled substance, methamphetamine; and possession of a controlled substance, marijuana. On appeal, McKinney claims there was insufficient evidence to support his conviction for possession of pseudoephedrine with intent to manufacture methamphetamine. We reverse his conviction for that offense.

I. Background Facts & Proceedings

On September 29, 2003, an Altoona Wal-Mart Loss Prevention Officer, David Novencido, observed a nervous looking individual purchase the store limit of three boxes of pseudoephedrine and then leave the store.*fn1 Approximately ten minutes later, Novencido observed the same individual come back into the store and buy another three boxes of pseudoephedrine. Novencido immediately contacted the Altoona police and provided a description of the individual who purchased the pseudoephedrine and the vehicle he was driving.

Altoona Police Officer David Tinker responded to the call. When Officer Tinker arrived at the Wal-Mart parking lot, he saw McKinney enter a pickup truck and drive off at a high rate of speed. Officer Tinker activated his emergency lights and pulled the truck over. After approaching the truck, Officer Tinker learned that the driver was Michael McKinney and a passenger in the front seat was Stacy Wagaman*fn2 .

McKinney was unable to produce a driver's license and admitted his license was suspended. He also told Officer Tinker that he might be "wanted." Officer Tinker handcuffed McKinney and put him in the back of his patrol car. After confirming McKinney's driver's license was suspended and that there ...


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