State v. Brubaker
Annotate this CaseA jury found Defendant Robin Brubaker guilty of operating while intoxicated, fourth offense, and unlawful possession of a prescription drug. On appeal, Defendant contended that the district court erred by denying his motion to suppress evidence found in his car when officers searched it after his arrest and that his trial counsel was ineffective for failing to object specifically to the sufficiency of the evidence offered by the State regarding the charge of unlawful possession of a prescription drug. The Supreme Court reversed the judgment for unlawful possession of a prescription drug and remanded the case for dismissal of that charge, holding that trial counsel was ineffective and if counsel had made the proper object regarding the sufficiency of the evidence, the district court would have dismissed the unlawful possession charge.
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