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State v. Boyd

Court of Appeals of Iowa

September 13, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
ADAM DONNELL BOYD, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Carol L. Coppola (plea) and Odell G. McGhee II (sentencing), District Associate Judges.

         Adam Boyd appeals the conviction and sentence entered upon his guilty plea to possession of a controlled substance (first offense). AFFIRMED.

          Sandra P. Trevino of Jensen & Trevino, P.C., East Dubuque, Illinois, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          VAITHESWARAN, Presiding Judge.

         Adam Boyd pled guilty to possession of a controlled substance (first offense), a serious misdemeanor. See Iowa Code § 124.401(5) (2016). The district court sentenced him to 365 days in jail, with all but eleven days suspended, and imposed a fine and surcharges, one year of supervised probation, and a mandatory driver's license revocation.

         On appeal, Boyd contends (1) the district court abused its discretion in sentencing him and (2) his plea attorney was ineffective in failing to seek the suppression of evidence gained in a search of his pocket.

         I. Sentencing Decision

         The district court gave the following reasons for the sentence:

1. The nature and circumstances of the crime
2. Protection of the public from further offenses
3. Defendant's criminal history
4. Defendant's substance abuse ...

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