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State v. Webb

Iowa Supreme Court
648 N.W. 2d 72 (2002)


Facts

Anthony Webb (defendant) lived in an apartment with Jason Stansbury, Crisee Moore, and Moore’s young son. Police encountered Stansbury in his car following an anonymous complaint and searched it for drugs and illegal weapons, but found nothing. The police then went to the apartment and when Moore let them in, they saw marijuana in plain sight. Upon returning with a search warrant, the police found more marijuana, drug paraphernalia, and an unloaded gun and bullets. Webb was not present at the beginning of the search but returned later, at which time the police found a few hundred dollars in cash in his possession, but no drugs. Webb was charged with possession of a controlled substance, violations of a drug tax-stamp statute, and child endangerment. At trial the prosecution failed to establish when Webb was last in the apartment, failed to present any fingerprint evidence or other evidence linking him to the drugs or paraphernalia or the gun, but did present evidence of his prior guilty plea for possession with intent to deliver that arose from activities that occurred in the same apartment. Webb was convicted on all counts and appealed, alleging that the evidence was insufficient to support the convictions. The court of appeals affirmed the convictions, and Webb again appealed.

Rule of Law

Issue

Holding and Reasoning (Lavorato, C.J.)

Dissent (Cady, J.)

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