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State v. Allie

Court of Appeals of Iowa

February 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
MICHAEL LEROY ALLIE, Defendant-Appellant.

         Appeal from the Iowa District Court for Boone County, Paul G. Crawford, District Associate Judge.

         Defendant challenges his conviction and sentence for possession of methamphetamine. JUDGMENT REVERSED IN PART AND REMANDED.

          Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee.

          Considered by Doyle, P.J., and Tabor and McDonald, JJ.

          MCDONALD, JUDGE

         Following 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 inadequate.

         I.

         Boone 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.

         At the 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 methamphetamine.

         Allie 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.

         On 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.

         The 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 ...


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