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599 N.W.2d 481

State v. Wixom

Court of Appeals of Iowa

Decided April 30, 1999

Court of Appeals of Iowa · decided 1999-04-30

Relies on State v. Barrett · State v. Nims

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-30

How this case has been cited

Cited by 5 later decisions — most recently April 2017

5 state decisions

20199920002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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VOGEL, J.

¶1(dissenting).

¶2I respectfully dissent. I agree that the State’s primary purpose in questioning the officers who interviewed Genck was to offer her statements for the truth of the matter asserted. However, while I would find that a Turecek hearsay violation occurred, I would not find that the error was prejudicial.

¶3Prejudice analysis. In the case before us, we review the inadmissible statements weighed against the other evidence properly admitted to determine if admission of the statements impacted the jury’s verdict. See Rice, 543 N.W.2d at 887 (“Admission of hearsay alone is not a valid ground for reversal in cases where the State upholds its burden of proving the challenged evidence did not impact upon the jury’s ver-*488diet of guilty.”); see also State v. Barrett, 445 N.W.2d 749, 754 (Iowa 1989); State v. Nims, 357 N.W.2d 608, 609 (Iowa 1984).

¶4The majority finds that there was no evidence of Wixom’s intent to deliver. I disagree. In Wixom’s house, police found marijuana hidden in four different places, three rock or salt forms of cocaine and amphetamine, and amphetamine in powder form. Wixom denied knowledge or ownership of any of the drugs seized save for a small amount of the marijuana. He admitted, however, to owning most of the other items seized. Among them were common drug-dealing paraphernalia such as pipes, baggies, razor blades, tweezers, scissors, eye droppers, rolling papers, and soldering ring clamps; several of which were found together in a tupperware container hidden above the ceiling tiles. Wixom had no explanation as to why the items were in the ceiling. He also had no explanation as to why several baggies that police found in the trash had their corners knotted or cut off, which is a typical method of how drugs are packaged for distribution. Police also seized several products which are commonly used in the manufacture of methamphetamine, including paint thinner, acetone, starter fluid, drainer opener, numerous inhalers, and ether. While possession of any these items can be explained away based on their appropriate use, Wixom possessed an unusual quantity of certain items which contradicted normal household use. Finally, police found a police scanner, a list of frequencies for police scanners which Wix-om admitted to making, measuring scales, and scale weights. A jury could conclude that the use of measuring devices infers sale and distribution as opposed to mere personal use.

¶5There was ample evidence that Wixom was operating an illegal drug operation. I would affirm because the State carried its burden of showing that the hearsay testimony was not prejudicial as weighed against the substantial evidence of Wix-om’s intent to manufacture and deliver illegal drugs.

¶6SACKETT, C.J., joins this dissent.

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