from the Iowa District Court for Polk County, Cynthia M.
Moisan, District Associate Judge.
Shorter appeals following conviction for possessing or
carrying a dangerous weapon while under the influence.
C. Smith, State Appellate Defender, and Vidhya K. Reddy,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Zachary Miller, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
Shorter appeals his conviction for possessing or carrying a
dangerous weapon while under the influence. We reject
Shorter's claims of allegedly faulty jury instructions
and ineffective assistance of counsel and affirm his
December 23, 2017, at about two in the morning, Shorter and a
friend tried to enter the Minx Show Palace. Earlier that
night they had been drinking. Minx's two bouncers,
Anthony Weber and Matthew Carroll, asked Shorter if he had
any knives or guns on him. Shorter told them he "kept
his shit in the car." The bouncers denied Shorter and
his friend entrance for failing to meet the dress code.
Shorter's friend confronted Weber and was pepper sprayed.
Some of the spray hit Shorter.
Carroll called the Polk County Sheriff to report the
incident. Shorter declared he was "going to get his
gun," then walked to his driver's door, opened it,
and reached for something toward the center console. Both
bouncers saw something in Shorter's hand, though they
could not identify it.
Shorter leaned back out of his car, police approached the
Minx parking lot with sirens blaring and lights flashing.
Shorter set whatever he was holding down and walked away from
the car. Police spoke with Shorter, who repeatedly denied
having had anything to drink even though he was slurring his
words and staggering. A later preliminary breath test
("PBT") indicated Shorter's blood alcohol level
deputies spoke with Shorter, Deputy Bradley Hook looked in
the open driver's door of Shorter's car. The deputy
saw a pistol on top of the center console. When told he
"can't carry a gun while drunk," Shorter
insisted he was not drunk. He did not deny carrying his
trial, Shorter told the jury he never opened his car door
after being pepper sprayed at Minx. He denied touching his
pistol when intoxicated, though he admitted being drunk and
having his pistol in his car. Shorter told the jury he always
kept his pistol in the center console, but acknowledged that
if it was found on top of the center console, that is where
he left it.
trial counsel objected to the proposed jury instruction of
the elements of the offense of carrying a dangerous weapon
while under the influence,  asserting it incorrectly included
the word "possesses." He also objected to another