A north Iowa man given enhanced sentences for drug possession has been rejected by the Iowa Court of Appeals.
56-year-old McKinley Dudley Jr. was convicted in January 2011 of
possession of methamphetamine and possession of marijuana. Court
documents say on September 18, 2010, a Mason City Police Officer tried
to stop Dudley for riding his bicycle at night without a headlight.
When Dudley refused to stop, the officer tackled him and, after a
search, found meth and pot in his possession.
The judge sentenced Dudley to 15 years in prison on both charges, to
be served concurrently. That sentence was longer than normal because
Dudley was declared a habitual offender due to multiple previous
convictions.
Dudley’s appeal of his drug convictions was denied and he then filed
for post-conviction relief, claiming his attorney did not present
witnesses on his behalf and that the sentencing enhancement was
improper.
The Iowa Court of Appeals has now denied Dudley any post-conviction
relief. The Court says it believes Dudley’s attorney when she claims
she was never informed of those witnesses and that the State has the
power to enhance the sentences of those with multiple felony
convictions.