from the Iowa District Court for Woodbury County, John D.
defendant challenges his convictions for operating while
under the influence of methamphetamine and eluding.
Priscilla E. Forsyth, Sioux City, for appellant.
J. Miller, Attorney General, and Kyle P. Hanson, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
Malloy drew the attention of Woodbury County Sheriff's
deputies when he made an illegal U-turn on his "crotch
rocket style" motorcycle in the early morning hours. As
a result of a forty-minute, high-speed chase, the State
charged Malloy with eluding and operating while
intoxicated-second offense. A jury convicted him on both
counts. On appeal Malloy claims the State offered
insufficient evidence to show he was under the influence of
methamphetamine. Malloy also argues he received ineffective
assistance when his trial attorney did not object to an
inexperienced officer's testimony regarding the
horizontal gaze nystagmus (HGN) test. Because ample evidence
supports the jury's verdicts and no prejudice resulted
from counsel's inaction, we affirm.
Facts and Prior Proceedings
Deputies Sage Lewis and Troy Tadlock saw Malloy make the
illegal maneuver, they turned on the flashing lights and
siren in their marked cruiser. But Malloy did not stop;
instead he sped away from the deputies. Malloy led them on a
lengthy chase, at times reaching ninety miles per hour in
twenty-five-mile-per-hour speed zones. During the chase, the
deputies noticed Malloy wobbled on the motorcycle; they
suspected he might have a flat tire. Malloy also veered into
the opposite lane of traffic a number of times.
pulled over when officers blocked off a portion of the
highway. As Malloy dismounted the motorcycle, he lost his
balance and fell down a steep ravine. While at the scene,
officers examined Malloy's motorcycle and determined
neither tire was flat. Malloy required emergency medical
attention; he complained about pain in his knee and shoulder
to emergency personnel and deputies at the scene. When a
paramedic removed Malloy's boot to examine his left leg,
a drug-encrusted spoon fell out. While loading him into the
ambulance, a paramedic noticed Malloy's eyes were red,
and en route to the hospital, Malloy kept falling asleep.
the hospital, the paramedic turned the spoon over to police.
An officer used a field test kit to confirm the spoon was
covered in methamphetamine residue. Deputy Michael Lenz
performed an HGN test on Malloy and reported that all six
signs indicated intoxication. Lenz also requested blood and
urine samples from Malloy, but Malloy refused.
State charged Malloy with first-degree eluding, driving while
barred, operating while intoxicated-second offense, and
third-degree theft. After the motorcycle owner clarified
Malloy had permission to take the motorcycle, the State
dismissed the theft charge. Malloy also pleaded guilty to
driving while barred and stipulated he had a prior conviction
for operating while intoxicated. The charges for eluding and
operating while intoxicated proceeded to trial.
jury convicted Malloy of first-degree eluding,  in violation of
Iowa Code section 321.279(3) (2016), and operating while
intoxicated,  in violation of section 321J.2. Malloy
challenges both convictions on appeal.
II. Scope and ...