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State v. Dawson

Court of Appeals of Iowa

November 6, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
MICHAEL DAVID DAWSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman and Bradley J. Harris, Judges.

         Michael Dawson appeals his convictions for various drug crimes, eluding, and driving while barred.

          David R. Fiester, Cedar Rapids, for appellant.

          Thomas J. Miller, Attorney General, and Katie Krickbaum, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and May, JJ.

          MAY, Judge.

         Michael Dawson appeals from his convictions for drug crimes, eluding, and driving while barred. He claims the district court erred in denying his motions for new trial, he received ineffective assistance of counsel, there is insufficient evidence to support his possession conviction, and the verdict was contrary to the weight of the evidence. We affirm.

         I. Facts and Prior Proceedings

         On August 6, 2017, Evansdale Police Officer Dustin Mooty was patrolling in a marked police vehicle. He observed an individual who appeared to be texting and driving. The individual was later identified as Dawson.

         As Officer Mooty found a safe place to turn around, he looked in his side-view mirror and saw Dawson's vehicle run a stop sign. By the time Officer Mooty turned around, Dawson's vehicle was a ways ahead of him. But he saw Dawson run a red light.

         At this point, Officer Mooty turned on his police cruiser lights and siren and pursued. Dawson fled, accelerating to speeds of ninety-five miles per hour in a fifty-five-mile-per-hour zone.

         Eventually, Dawson turned into an alleyway, jumped out of his moving vehicle, and fled on foot. Officer Mooty got out of his patrol car to continue his pursuit.

         Several officers responded to assist. They set up a perimeter to ensure Dawson did not get away. Officers combed the area for Dawson. While looking for him, Waterloo Police Officer Marc Moore discovered a small plastic baggie not far from where Dawson abandoned his car. The baggie contained a substance that appeared to be methamphetamine, which later testing confirmed. Eventually, Waterloo Police Officer Enes Mrzljak discovered Dawson hiding behind a woodpile nearby.

         The State charged Dawson with possession of more than five grams of methamphetamine with intent to deliver, in violation of Iowa Code section 124.401(1)(b) (2017); eluding, in violation of section 321.279(3); drug tax stamp violation, in violation of section 453B.12; and driving while barred, in violation of ...


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