Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Pursley

Court of Appeals of Iowa

June 6, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
CORION JAMAL PURSLEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.

         Corion Pursley appeals the convictions entered following his guilty pleas to two counts of second-degree burglary and one count of third-degree burglary.

          Agnes G. Warutere of Warutere Law Firm, P.L.L.C., Clive, for appellant.

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

          Considered by Danilson, C.J., and Mullins and McDonald, JJ.

          MULLINS, JUDGE.

         Corion Pursley appeals the convictions entered following his guilty pleas to two counts of second-degree burglary and one count of third-degree burglary. He contends his counsel was ineffective in failing to: (1) challenge his guilty pleas to the second-degree-burglary charges on factual-basis grounds, (2) file a motion to suppress evidence obtained in a search of a vehicle involved in the crimes, (3) file a motion for a bill of particulars, and (4) pursue an intoxication defense before allowing him to plead guilty.

         I. Background Facts and Proceedings

         The following facts can be gleaned from the minutes of evidence. In the early morning hours of December 27, 2015, Sam Roberts encountered four young males at a gas station in Cedar Falls. At 4:48 a.m., Roberts called the police and advised these individuals followed him home from the gas station and were knocking on his front door. Roberts described the vehicle the subjects were driving as a "smaller silver colored SUV, possibly a Honda Pilot that had a handicap sticker hanging in the window."

         At 5:07 a.m., Larry and Judy Timmins contacted law enforcement and reported they were awoken in their home when someone walked into their master bedroom as they slept. The suspects fled when Larry directed Judy to call the police. Larry observed the suspects fleeing in what appeared to be a "light colored minivan." Officers arrived and discovered a rock had been thrown through a glass door, several drawers throughout the residence had been rummaged through, and the doors on two refrigerators in the home were left open. However, Judy's purse and laptop were left untouched.

         At 6:07 a.m., Virginia Berg called the police and reported she thought someone was in her neighbor's residence. This residence belonged to the Clippertons, who were out of town on the morning in question. Officers arrived at the Clipperton residence and discovered the front door had been kicked in, the apartment had been "ransacked, " and, again, the refrigerator door had been left open.

         At 6:27 a.m., Nikki Nielsen contacted law enforcement and advised "some people busted down her door and entered her residence." The subjects fled when Nielsen confronted them. Nielsen stated the subjects were in a silver SUV and advised one of the subjects was wearing a Bears jersey and stocking hat. Sometime during the foregoing course of events, Margo Campbell heard pounding on her porch door. Because she was near the door at the time, Margo opened it and observed three males standing on her porch. The subjects were surprised when Margo opened the door. They paused and then asked if "Jimmy" was home. Margo advised they had the wrong house, upon which the subjects left in what Margo described as a "white SUV."

         A short time after Nielsen's report of an intrusion, a description of the suspect vehicle was relayed to patrol officers. Officers subsequently initiated a traffic stop on a silver Honda Pilot.[1] The vehicle was occupied by four males, one of whom was wearing a Bears jersey and stocking hat. The vehicle's occupants- the driver, Ny'Jawon Alexander; and passengers, Pursley, Jacane Campbell, and D.C.[2]-were all detained separately. At the scene, Pursley advised officers the vehicle belonged to his girlfriend. The driver of the vehicle, Alexander, provided officers with verbal and written consent to search the vehicle. During the ensuring search, property was discovered bearing the name of the Clippertons. Officers decided to discontinue the search at this time and apply for a search warrant. The vehicle was impounded and a search warrant was applied for. Sasha Nelson came to the police station where the codefendants were being held and advised officers the silver Honda Pilot belonged to her.

         In a subsequent interview, after waiving his Miranda rights, Pursley stated the vehicle belonged to Sasha, but made no statements related to the burglaries. Pursley advised an officer he had smoked marijuana and "sipped" alcohol the prior day and had taken "illegal Xanex pills" a week ago, but stated he was "sober now though." In their interviews, Alexander, Campbell, and D.C. denied any knowledge of the burglaries. In a second ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.