Sunday, March 30, 2008

Memo to Felons: Seatbelts Suck-Don't Wear Them.

State v. Abrams, no. 07-0826 (Iowa Ct. App. Mar. 26, 2008)

Abrams, who bears the interesting first name of Zredirick (I'm not kidding), was convicted of possession of cocaine with intent to deliver. Scott County officers (whether city or county is not clear) had observed a BMW making regular stops at a local drug house during drug merchandising hours. When the BMW was not there, the merchandising stopped.

The Beemer was stopped because Abrams was not wearing his seatbelt, and during a consent search police uncovered nearly four grams of cocaine, residue, a scale with residue on it, a blunt, and a large amount of cash. Abrams argued in a motion that the drugs were for personal use but this was overruled and he was convicted on all counts.

A presentence investigation report led to the conclusion that Abrams was a rather unsavory character and something of a scofflaw who was also a deadbeat dad but nevermind. He probably thought he was a pimp daddy too. That's what prisons are for-sort of a rest cure to consider one's past actions and see how they fit into one's future and Abrams will have until April 29, 2016 to study the matter according to the Director of Corrections.

The court determined that a reasonable factfinder could have found that the defendant possessed the drugs with the intent to deliver them, considering that the fact finder weighs the evidence and determines the credibility of witnesses.


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