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State of Iowa v. Delios Lonewolf

February 13, 2013

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
DELIOS LONEWOLF, DEFENDANT-APPELLANT.



Appeal from the Iowa District Court for Polk County, Richard G. Blane, Judge.

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

A defendant appeals his judgment and sentence for conspiracy to deliver methamphetamine, (1) challenging the sufficiency of the evidence supporting the jury's finding of guilt, (2) asserting the jury's finding of guilt on the conspiracy count and not guilty finding on a methamphetamine possession count were "fatally inconsistent," and (3) contending the district court erred in excluding certain testimony. AFFIRMED.

Heard by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

The State charged Delios Lonewolf with conspiracy to deliver methamphetamine, possession of methamphetamine with intent to deliver, failure to affix a tax stamp, and possession of marijuana. A jury found him guilty on the conspiracy and possession of marijuana counts but not guilty on the possession of methamphetamine and failure to affix a drug tax stamp counts.

On appeal, Lonewolf (1) challenges the sufficiency of the evidence supporting the jury's finding of guilt on the conspiracy count, (2) asserts the jury's finding of guilt on the conspiracy count and not guilty finding on the methamphetamine possession count were "fatally inconsistent," and (3) contends the district court erred in excluding certain testimony.

I. Sufficiency of the Evidence-Conspiracy to Deliver Methamphetamine

The jury was instructed on the crime of conspiracy to deliver methamphetamine, as follows:

The State must prove all of the following elements of the crime of Conspiracy to Deliver a Controlled Substance, methamphetamine:

1. On or about the 9th day of September 2011, Defendant Delios Keahna Lonewolf agreed with Brian Dodson, or, Michaela Robin Gienger, or both:

a. that one or more of them would deliver a controlled substance, methamphetamine, or solicit another to deliver that controlled substance, or

b. that one [or] more of them would attempt to deliver a

controlled substance, methamphetamine.

2. The Defendant entered into the agreement with the intent to promote or facilitate the delivery of the controlled substance, methamphetamine.

3. The Defendant, or Brian Dodson or Michaela Robin Gienger committed an overt act to promote or ...


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