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IN THE COURT OF APPEALS OF IOWA No. 7-132 / 06-0301 Filed June 13, 2007 STATE OF IOWA, Plaintiff-Appellee, vs. DENNIS JOSEPH SCHOFIELD, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Don C. Nickerson, Judge.

Defendant-appellant appeals from the judgment and sentences entered after his convictions for nineteen crimes. AFFIRMED.

Patricia Reynolds, Acting State Appellate Defender, and David Adams, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Richard Bennett, Assistant Attorney General, John P. Sarcone, County Attorney, and Dan Voogt and Stephanie Cox, Assistant County Attorneys, for appellee.

Considered by Vogel, P.J., and Vaitheswaran and Eisenhauer, JJ.

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EISENHAUER, J. Defendant-appellant Dennis Schofield appeals from the judgment and sentences entered after his convictions for nineteen crimes. Schofield raises three claims: (1) the district court erred in not severing two marijuana-related charges from the other charges, (2) the district court erred in admitting irrelevant and unfairly prejudicial evidence in violation of Iowa Rules of Evidence 5.401, 5.403 and 5.404(b), and (3) he was denied the effective assistance of counsel. BACKGROUND FACTS AND PROCEEDINGS On May 10, 2005, the Mid-Iowa Narcotics Enforcement Task Force attempted a reverse sting by arranging a sale of approximately two pounds of clear methamphetamine, known as ice, to Lee M. Castillo. Dennis Schofield was brought into the deal by Castillo to supply the $15,000 purchase money. The sale took place in a second-floor room at Heartland Inn in Des Moines. While the drug transaction was occurring, the arrest team, comprised of six officers, waited in a nearby room. After the deal was completed, Schofield and Castillo left the room with Castillo carrying the methamphetamine in a black bag. As they entered the hallway, the arrest team emerged from its room. Officer Rehberg led the team, carrying a large bulletproof shield for protection. Officer Glenn followed him closely, and other officers came after her in a line. Five officers, including Officer Rehberg and Officer Glenn, were wearing black raid vests bearing the word "police" on the right chest and on the back. One officer did not wear the vest, but had a police badge around his neck. Both Rehberg and Glenn, with their weapons drawn, yelled, "Police! Get Down!

Police! Get Down!" Schofield immediately took off for the stairs. Upon reaching

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the landing where the flight of stairs turned, Schofield noticed Officer Federsen, who was leading another team of officers, coming up from the stairwell. This team of officers was all wearing plain clothes. Schofield was carrying a revolver with him. He pulled the revolver and fired twice at Federsen. One bullet struck Federsen in the hand, and Federsen fell on the steps. The officers following Federsen retreated down the steps and out of the hotel door. Officer Rehberg, upon hearing Schofield fire, opened fire at Schofield. Schofield turned and shot up the stairs at Rehberg, ultimately hitting him in the leg. Officer Glenn suffered a grazing wound to her leg during the shooting. After Schofield fired all six shots in his revolver, he ran outside the hotel. The officers waiting outside the hotel started firing at Schofield. Surrounded, Schofield

eventually dropped his weapon and surrendered to the approaching officers. He was arrested and taken to the hospital for treatment of his wounds. Following the arrest of Schofield, police officers obtained a search warrant and searched Schofield's residence. Officers found various sums of money,

other weapons, drugs, and approximately two pounds of marijuana during the search. On June 21, 2005, the State filed a multi-count trial information, charging Schofield with nineteen counts of offenses, including conspiracy to deliver methamphetamine, possession of methamphetamine with intent to deliver, failure to possess a tax stamp for the methamphetamine, attempt to commit murder (ten counts), willful injury (three counts), carrying weapons, possession of marijuana with intent to deliver, and failure to possess a tax stamp for the marijuana. Schofield pled not guilty to all charges.

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On November 7, 2005, Schofield moved to sever the counts for possession of marijuana with intent to deliver and failure to possess a tax stamp for the marijuana from the other charges. On November 14, 2005, Schofield filed a motion in limine seeking to prohibit the State from introducing evidence of defendant's other charges and bad acts. The district court denied both motions. At trial Schofield claimed self-defense. The jury returned its verdicts and found Schofield guilty as charged on fifteen counts. On the other four counts of attempt to commit murder, the jury found Schofield guilty of the lesser included offense of assault. Schofield filed a motion for new trial. The motion was argued prior to sentencing, and the district court denied the motion. Schofield was

sentenced to serve various consecutive terms of imprisonment totaling two hundred years with mandatory minimum sentences of over one hundred years. Schofield appeals. ISSUE I: SEVERANCE OF THE TRIAL. Among the nineteen charges, seventeen arose from the

methamphetamine transaction and the gun battle at the Heartland Inn. The other two charges

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