from the Iowa District Court for Boone County, Paul G.
Crawford, District Associate Judge.
challenges his conviction and sentence for possession of
methamphetamine. JUDGMENT REVERSED IN PART AND REMANDED.
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., and Tabor and McDonald, JJ.
a jury trial, Michael Allie was convicted of possession of
methamphetamine, third or subsequent offense, in violation of
Iowa Code section 124.401(5) (2016). Allie stipulated to two
prior felony convictions and was sentenced as a habitual
offender pursuant to Iowa Code section 902.8. The district
court sentenced Allie to an indeterminate term of
incarceration not to exceed fifteen years but suspended the
sentence and placed Allie on supervised probation. Allie
timely filed this appeal. Allie raises several challenges in
this appeal: he challenges the sufficiency of the evidence
supporting his conviction; he contends the district court
abused its discretion in denying his motion for new trial; he
argues his trial counsel was ineffective; and he contends the
colloquy related to the habitual offender enhancement was
County Deputy Sheriffs Preston King and Doug Twigg went to
Allie's residence to execute a warrant for Allie's
arrest. After the deputies knocked on the door, Allie opened
the door, went outside, and was placed in handcuffs. From
here, the parties differ.
time of the arrest, Deputy King was a new deputy on field
training. Deputy King testified he searched Allie's
person prior to putting Allie in the back of the patrol car.
Deputy King found a small plastic baggie in the front pocket
of Allie's shorts. Deputy King observed a "white
powdery substance in it." Deputy King asked Allie what
it was. Allie replied he did not know. Deputy King gave the
baggie to Deputy Twigg. Deputy Twigg observed it was "a
clear plastic baggie with a white residue in it." Deputy
Twigg testified he believed the substance was
called his long-time friend Sherri Norley to testify. Norley
was having dinner with Allie at the time of Allie's
arrest. Norley testified Allie went outside after the police
knocked on the door. She testified she went outside a few
minutes after Allie. At the time she went outside, Allie was
already under arrest. She testified she was speaking with
Deputy Twigg and observed the Deputy King walk with Allie to
the deputy's vehicle. Deputy King searched Allie's
person and found money in Allie's pocket. At Allie's
direction, Deputy King gave the money to Norley. Norley
testified Deputy King started walking Allie to the back of
the vehicle. She testified Deputy King "bent down and
picked a bag up off the ground" and handed the bag to
Deputy Twigg, with whom she had been speaking. She testified
the baggie was four to five feet from the area where Deputy
King searched Allie. On cross-examination the prosecutor
asked Norley if the defendant was wearing shoes when the
deputies arrived. She answered Allie was wearing flip-flops.
Upon further questioning, she denied that Allie refused to
allow the deputies accompany him into the home to retrieve a
pair of shoes.
rebuttal, Deputy Twigg testified he asked Allie if Allie
wanted to go back into the home because Allie
"didn't have shoes or socks." Deputy Twigg
testified Allie chose not to go back into the home because
Deputy Twigg told Allie he would have to be accompanied into
the home. With respect to the search of Allie's person,
Deputy Twigg testified he did not observe the search because
he was speaking with Norley. Twigg testified Norley could not
have observed Deputy King's search of Allie's person
based on his recollection of where she was positioned while
he was speaking with her. Deputy Twigg testified Norley did
not make any statement at the time of the search that the
baggie was picked up off the ground.
deputies transported Allie to the Boone County Jail. The
baggie was field tested and then sent to the Iowa Division of
Criminal Investigation for further testing. Criminalist
Gladfelter testified at trial. He testified the baggie
contained a "white powdery substance." Gladfelther
testified there was not enough product in the baggie to weigh
and test the product. He testified he rinsed ...