State v. Westeen

TERNUS, Justice.

This case presents our first opportunity to interpret Iowa’s “crack-house” statute, Iowa Code section 124.402(l)(e) (1997). The primary issue presented is whether this statute requires a showing of some degree of continuity in order to establish that the defendant was “keeping” a dwelling for the purpose of possessing or selling controlled substances. We think it does and conclude that trial counsel rendered ineffective assistance in failing to raise this issue in the district court. Therefore, we reverse and remand.

I. Background Facts and Proceedings.

The defendant, Douglas…