State of Iowa v. Donald Benjamin Earl Reed
2016 Iowa Sup. LEXIS 24
| Iowa | 2016Background
- Reed was convicted at trial of possession of ten or more grams of cocaine base with intent to deliver while in the immediate possession of a firearm, possession of marijuana as a second offender, possession of a firearm by a felon, and two child-endangerment offenses, with the firearm conviction triggering a doubling of the cocaine sentence.
- The district court imposed a 100-year sentence with a mandatory one-third minimum, based on enhancements for a prior felony drug conviction and firearm possession.
- Most drugs and two firearms were found in the adult bedroom of a shared residence at 1320 Randolph Street, a house occupied by Alicia Buchanan and her children; Reed frequently visited and stayed there, but did not exclusively control the premises.
- Police surveillance linked Reed to the Randolph Street address via a Rent-A-Center document and a Rent-A-Center bill, and Reed’s Buick was observed in the driveway around the time of the search.
- The guns were found in the same bedroom as drugs but with fingerprints not matching Reed or Buchanan, and Reed’s cell phone contained photos and texts suggesting drug activity; the State argued for constructive possession based on proximity and circumstances.
- The court of appeals affirmed; the Iowa Supreme Court reversed in part, holding that the evidence was insufficient to prove Reed’s constructive possession of the firearms and vacating the firearm-related conviction and enhancement, while affirming the drug convictions and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there sufficient evidence Reed constructively possessed the cocaine base? | Reed | Reed | Yes; sufficient to sustain drug convictions |
| Is there sufficient evidence Reed constructively possessed the firearms? | Reed | Reed | No; firearms possession not proven |
| Should the case be reviewed for ineffective assistance of counsel claims? | Reed | Reed | Court of Appeals' ineffective-assistance ruling stands; not reconsidered by Supreme Court |
Key Cases Cited
- State v. Thomas, 847 N.W.2d 438 (Iowa 2014) (standard for sufficiency of evidence; whole-record review; substantial evidence required)
- State v. Maxwell, 743 N.W.2d 185 (Iowa 2008) (constructive possession in drug cases; factors and inferences allowed)
- State v. Kern, 831 N.W.2d 149 (Iowa 2013) (shared premises; need extra proof when not exclusive possessor)
- State v. Bash, 670 N.W.2d 135 (Iowa 2003) (raw physical ability insufficient for constructive possession when shared residence)
- State v. McDowell, 622 N.W.2d 305 (Iowa 2001) (firearm enhancement proof requires knowledge or control; proximity alone insufficient)
- State v. Reeves, 209 N.W.2d 18 (Iowa 1973) (dominion and control may be established by evidence of knowledge or incriminating circumstances)
- Parker v. State, 402 Md. 372 (Md. 2007) (mere proximity to a weapon in a drug house insufficient without dominion or knowledge)