DES MOINES – A Floyd woman’s conviction for drug possession has been upheld by the Iowa Appeals Court.
Faith Lohr, age 37, challenged her conviction for possessing morphine as a second-time drug offender. She argued the district court abused its discretion by declining to continue the trial without exploring her reason for seeking to hire private counsel. Lohr had requested a chance to hire a private attorney after the case was continued several times, but because she did not articulate that it was her constitutional right to do so, the court’s decision to deny her that opportunity was upheld by the appeals court. She also argued she had ineffectual legal representation.
On the evening of March 3, 2012, Floyd County Deputy Benjamin Kostka followed a pickup truck driven by Ron Weber into and out of a truck stop along Highway 218. Weber eventually stopped the truck on the shoulder and the deputy approached, asking Weber if everything was all right. Weber said he was checking the lug nuts because his tire had fallen off the day before and he felt some vibrations.
At this time, Deputy Kostka noticed passenger Lohr sitting on the floor of the pickup, between the two bucket seats. The deputy asked her to step out of the truck. Lohr sat in the patrol car while the deputies dealt with a second passenger who had outstanding arrest warrants.
Weber consented to a search of his truck and agreed to wait for a drug dog to arrive at the scene. About fifteen to twenty minutes later, Mitchell County Sheriff’s Deputy Gregg Halbach and his canine, Winnie, arrived. The dog alerted on a clear plastic tube between the two seats where Lohr had been sitting. A white powdery substance in the “snort tube” field tested positive for methamphetamine.
Deputy Kostka found a travel bag in the cab of the truck. Inside the bag, he discovered a baggie containing several pills. At the scene of the stop, in response to a question from Deputy Kostka, Lohr admitted the bag belonged to her. Deputy Patrick Shirley asked if the pills were hers. She replied one of them was Lortab, which she had obtained by prescription for pain after she had dental surgery. She denied knowing anything about the other pills. That night the deputies arrested Lohr for possession of drug paraphernalia. Later lab testing revealed the other pills were morphine.
On May 30, 2012, the Floyd County Attorney charged Lohr with two class “D” felonies: possession of a schedule III controlled substance, hydrocodone, third offense Lohr failed to appear on June 18, 2012, for her arraignment. The court originally appointed the public defender to represent Lohr, but that office withdrew because it represented her co-defendant. The court appointed attorney David Kuehner to represent Lohr on July 30, 2012. She entered a not guilty plea and written arraignment on August 6, 2012.
At the defendant’s request, the trial was rescheduled four times: first to November 28, 2012; second to December 12, 2012; third to January 23, 2013; and a fourth pretrial conference was set for February 12, 2012. The court ordered Lohr to appear personally for that pretrial conference. When she did not appear, the court issued a warrant for her arrest. Authorities arrested Lohr on February 19, 2013. The court rescheduled the pretrial conference for March 12, 2013. On that date, the defense again asked for a continuance, and the court rescheduled the trial for April 2013. When Lohr failed to appear for the final pretrial conference, having not maintained contact with her attorney, the court again issued a bench warrant. The court set a pretrial conference for May 7, 2013, and the defense yet again asked for a continuance.
The trial was finally set for June 13, 2013. On that date the State dismissed the hydrocodone charge, stating it had “insufficient evidence to justify prosecution” of that offense. Also on the morning of trial, Lohr asked for time to hire a different attorney. The court considered her request a motion to continue and denied it. A jury heard the evidence and returned a guilty verdict that same day. The jury also determined Lohr had two previous drug convictions: one for possession of a controlled substance and one for possession of drug paraphernalia. The parties eventually agreed the paraphernalia offense could not be used for sentencing enhancement because it arose from the same incident as the possession of morphine. The parties stipulated that Lohr would be sentenced for an aggravated misdemeanor.
On July 30, 2013, the district court sentenced Lohr to 180 days jail, suspending all but seven days, and two years probation; suspended a $625 fine and surcharge; and ordered her to obtain a substance abuse evaluation and follow through with any recommended treatment. The court also required Lohr to undergo random drug testing and prohibited her from consuming alcohol or entering bars, taverns, or liquor stores.
CONVICTION UPHELD
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