State v. Maxwell

• Decision Date: 04 January 2008
• Docket Number: No. 06-0228.,06-0228.
• Citation: 743 N.W.2d 185
• Parties: STATE of Iowa, Appellee, v. Gregory Eugene MAXWELL, Appellant.
• Court: Iowa Supreme Court

743 N.W.2d 185

STATE of Iowa, Appellee, v. Gregory Eugene MAXWELL, Appellant.

No. 06-0228.

Supreme Court of Iowa.

January 4, 2008.

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

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, John P. Sarcone, County Attorney, and Celene Gogerty, Assistant County Attorney, for appellee.

WIGGINS, Justice.

George Eugene Maxwell appeals the district court's use of the same two prior felony convictions to classify his crime as a felony under Iowa Code section 124.401(5) (2005) and to sentence him as a habitual offender under section 902.8. Maxwell also claims the district court erred when it denied his motion for new trial without giving any reasons for its denial. Finally, Maxwell requests this court find his trial counsel provided ineffective assistance when he failed to object to an aiding and abetting jury instruction, which the evidence did not support. Because we find the district court did not err by classifying his crime as a felony and sentencing him as a habitual felon based on the same two prior felony convictions, the district court correctly decided Maxwell's motion for new trial, and his counsel did not provide ineffective assistance, we affirm his conviction and sentence.

I. Background Proceedings and Facts.

On March 19, 2005, police officer Brian Meskimen observed George Eugene Maxwell drive out of a convenience store parking lot onto Aurora Avenue in Urbandale. Officer Meskimen noticed Maxwell was not wearing his seatbelt. Meskimen followed Maxwell on Aurora. Not wanting to pull Maxwell over on the busy one-lane street, Meskimen waited to activate his top lights until Maxwell turned down a side street. After Meskimen turned on his top lights, Maxwell proceeded down the side street for about one-hundred feet before turning into the driveway of his home. Maxwell stopped the vehicle in the driveway, got out, and started walking toward his home.

By the time Meskimen asked Maxwell to return to his vehicle, Maxwell had reached the front stoop of his house. Maxwell complied with Meskimen's request and returned to the vehicle, a silver 1983 Oldsmobile Delta.

As Meskimen was advising Maxwell why he stopped him, Meskimen noticed the smell of marijuana on Maxwell. Meskimen also saw a pack of Newport cigarettes sitting in plain view between the two front seats of the vehicle. The front seats in Maxwell's Oldsmobile were larger seats, more similar to bench seats than bucket seats, with a slit and an armrest to separate them.

The cigarette pack was open, and Meskimen could see a plastic baggie protruding from the pack. Meskimen testified in his five years of experience as a police officer, he knew narcotics were often transported in empty cigarette packs, so he read Maxwell his Miranda rights and asked him for his driver's license.

Meskimen placed Maxwell in the back of his squad car, and out of safety concerns, asked for Maxwell's consent to search his person. Meskimen found nothing on Maxwell other than a full pack of Newport cigarettes.

Meskimen then asked Maxwell if he would consent to a search of the vehicle. Maxwell told Meskimen he was borrowing the car and was not sure what all was in the Oldsmobile, but that Meskimen could search it. Meskimen waited for officer Matthew McCarty to arrive on the scene before searching the vehicle. Officer McCarty arrived and watched Maxwell in the back of the patrol car while Meskimen searched the Oldsmobile. McCarty did not participate in the search or the collection of evidence.

Meskimen removed the plastic baggie protruding from the pack of cigarettes found in the car. The baggie contained approximately ten rocks of a white-yellowish substance. Meskimen thought the baggie contained crack cocaine, so he took the cigarette pack and the baggie as evidence. No drug stamp was affixed to the substance or baggie. He continued to search the entire vehicle, but did not seize any other items.

The substance was transported to the department of criminal investigation's laboratory. The DCI lab concluded the ten rocks were 2.77 net grams of cocaine base.

The State charged Maxwell in two counts. In count one the State charged Maxwell with possession of a controlled substance with intent to deliver, a class "C" felony, in violation of Iowa Code section 124.401(1) (c)(3). In count two the State charged Maxwell with failure to possess a tax stamp, a class "D" felony, in violation of sections 453B.3 and 453B.12. The State also sought a habitual offender enhancement of both charges under section 902.8. Maxwell waived his right to a speedy trial and pled not guilty.

A jury trial was held. Under the first count, the jury found Maxwell guilty of the lesser-included offense of possession of a controlled substance in violation of section 124.401(5). Under the second count, the jury found Maxwell not guilty.

Maxwell filed a motion for judgment of acquittal and a motion for new trial. Maxwell claimed the evidence was insufficient to sustain a conviction for the offense of possession of a controlled substance and that the verdict was contrary to the evidence presented at trial. The court denied the motion without a hearing and without stating its reasons for the denial.

After the jury verdict, the State moved to amend the trial information to permit the enhancement of the possession-of-a-controlled-substance charge based upon Maxwell's two prior convictions under chapter 124. The State also maintained its original request that the district court sentence Maxwell as a habitual offender. The district court permitted the amendment to the trial information without objection.

Maxwell stipulated in open court to two previous felony convictions. Maxwell stipulated that on both November 5, 1999 and May 31, 2000, he was convicted of possession of a controlled substance with intent to deliver.

During the sentencing hearing Maxwell challenged the State's request to use the 1999 and 2000 felony convictions both to classify the possession offense as a felony and to sentence Maxwell as a habitual offender. Maxwell argued to the court that the prior felony convictions could be used to classify Maxwell's current possession offense as a class "D" felony, but those same felony convictions could not be used to sentence Maxwell as a habitual offender. The court rejected this argument, classified the possession conviction as a class "D" felony, and further enhanced the penalty by finding him to be a habitual offender. The court sentenced Maxwell as a habitual offender.

II. Issues.

In his appeal Maxwell claims (1) the district court erred in classifying his crime as a felony and sentencing him as a habitual offender based upon the same two prior felony convictions; (2) the district court erred when it denied Maxwell's motion for new trial without stating the reasons for its denial; and (3) his trial counsel provided him ineffective assistance when counsel failed to object to the aiding and abetting jury instruction.

III. Analysis.

A. The Two Sentencing Enhancements Based Upon the Same Two Prior Felony Convictions.

Maxwell claims the court imposed an illegal sentence. We consider a sentence void if a statute does not authorize it. State v. Gordon, 732 N.W.2d 41, 43 (Iowa 2007). Therefore, we will examine the sentence to determine whether it complies with the relevant statutes. State v. Freeman, 705 N.W.2d 286, 287 (Iowa 2005). Consequently, our review is for correction of errors at law. Id.

The jury found Maxwell guilty of possession of a controlled substance in violation of Iowa Code section 124.401(5). The legislature classifies a violation of section 124.401(5) as either a misdemeanor or felony based on a defendant's prior drug-related convictions. Iowa Code § 124.401(5). If the defendant has no prior drug-related convictions, a violation of section 124.401(5) is a serious misdemeanor. Id. If the defendant has one prior drug-related conviction, a violation of section 124.401(5) is an aggravated misdemeanor. Id. If the defendant has two prior drug-related convictions, a violation of section 124.401(5) is a class "D" felony. Id. Because Maxwell had two prior drug-related convictions, section 124.401(5) classified his violation as a class "D" felony. Maxwell does not complain that his conviction was for a class "D" felony.

Under the legislature's sentencing scheme for felonies, a person convicted of a class "D" felony, who is not a habitual offender, shall be confined no more than five years, and in addition shall be fined at least $750 but no more than $7,500. Id. § 902.9(5). Under the same sentencing scheme, a habitual offender shall be confined no more than fifteen years. Id. § 902.9(3). A habitual offender includes any person convicted of a class "D" felony who has twice before been convicted of a felony. Id. § 902.8. Taking into consideration Maxwell's two prior felony convictions, the district court sentenced Maxwell to fifteen years as a habitual offender under section 902.9(3) rather than to five years as a class "D" felon under section 902.9(5). Maxwell complains his sentence is illegal because the same prior convictions cannot be used to classify his crime as a felony under section 124.401(5) and to sentence him as a habitual offender under section 902.9(3). He claims he should only be sentenced for five years as a class "D" felon.

For Maxwell to prevail on this issue we must hold the legislature intended chapter 124 to be comprehensive and all encompassing when it comes to sentencing violators of chapter 124. We have rejected this argument in three prior decisions. See State v. Owens, 635 N.W.2d 478, 484-85 (Iowa 2001); State v. Sisk, 577 N.W.2d 414, 416 (Iowa 1998); State v. Draper, 457 N.W.2d 600, 603-04 (Iowa 1990). In those decisions we discussed the interplay between sections 902.9(3) and 124.411. Section 124.411 and its predecessor, ...