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State v. Diggins

Court of Appeal of Iowa

October 2, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
CHRISTINE ANN DIGGINS, Defendant-Appellant.

Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris (guilty plea) and Jon C. Fister (sentencing), Judges.

Defendant appeals following her guilty plea to possession of a controlled substance (methamphetamine), third offense.

Patrick Ingram of Mears Law Office, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad P. Walz, Assistant County Attorney, for appellee

Considered by Danilson, P.J., Tabor, J., and Huitink, S.J.[*]

HUITINK, S.J.

I. Background Facts & Proceedings.

Christine Diggins was charged by trial information with possession of a controlled substance (methamphetamine), third offense, in violation of Iowa Code section 124.401(5) (2009). A copy of the minutes of evidence and police reports by Officers Joseph Zubak and Andres Naumann of the Waterloo Police Department were attached to the trial information. The State later filed additional minutes of evidence, which included a police report by Investigator Nicholas Berry of the Tri-County Drug Enforcement Task Force.[1]

The following exchange occurred during plea proceedings:
THE COURT: Were you here in Black Hawk County on August 11th of this year—or, of last year?
DEFENDANT: Yes.
THE COURT: And at that time, did you have
methamphetamine in your ...

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