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Cindy C. Hebron v. State of Iowa

May 25, 2011

CINDY C. HEBRON, APPLICANT-APPELLANT,
v.
STATE OF IOWA, RESPONDENT-APPELLEE.



Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.

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

Cindy Hebron appeals from the district court order denying her application for post-conviction relief. AFFIRMED.

Considered by Vaitheswaran, P.J., and Eisenhauer and Danilson, JJ. Tabor, J., takes no part.

Cindy Hebron appeals from the district court order denying her application for post-conviction relief. She contends her trial counsel was ineffective in failing to adequately investigate her case and in failing to inform her of her right to waive a jury trial. We review her claims de novo. See Ledezma v. State, 626 N.W.2d 134, 141 (Iowa 2001).

On the night of March 4, 2007, Hebron drove her vehicle into the rear end of another vehicle, causing damage. The officer who responded to the collision noticed Herbron's eyes were watery and red or pink in color, her speech was slurred, her breath smelled of the odor of an alcoholic beverage, and she had difficulty with walking and balance. Hebron admitted she had been drinking. The officer requested assistance to investigate whether Hebron was intoxicated.

Officer Boone arrived on the scene to conduct the investigation of Hebron. He noticed her eyes were bloodshot and watery, she mumbled and her speech was slurred, she smelled of the odor of an alcoholic beverage, and she had difficulty with walking and balance. Hebron admitted to Officer Boone she had been drinking. The officer performed field sobriety tests, which Hebron failed. He then administered a preliminary breath test, which registered a reading of .119, above the legal limit of .080. Officer Boone arrested Hebron and transported her to the police station where a breath test was administered. A first test was inconclusive and a second test showed a reading of .120.

At some point, an altercation took place between Hebron and Officer Boone, in which Hebron was injured. The facts are in dispute, although Hebron claims the officer was hostile to her and assaulted her when she requested to see the test results. Officer Boone testified Hebron became hostile and began to fight the officers when she was informed she failed the test. Officer Boone also testified he properly invoked implied consent and administered the tests according to procedure. ...


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