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IN THE COURT OF APPEALS OF IOWA No. 6-371 / 05-1175 Filed July 12, 2006

STATE OF IOWA, Plaintiff-Appellee, vs. STEVEN ANDREW COSPER, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Joel Novak, Judge.

Steven Andrew Cosper appeals from his convictions and sentences for possession of methamphetamine with intent to deliver, failure to affix a drug tax stamp, possession of marijuana, and possession of cocaine. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Robert Ranschau, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney General, and John Sarcone, County Attorney, for appellee.

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

2 ZIMMER, J. Steven Andrew Cosper appeals from his convictions following a jury trial for possession of five grams or less of methamphetamine with intent to deliver, failure to affix a drug tax stamp, possession of marijuana, and possession of cocaine in violation of Iowa Code sections 124.401(1)(c)(6), 453B.3, 453B.12, and 124.401(5) (2005). Cosper contends his trial counsel was ineffective for failing to file a motion for new trial arguing the weight of the evidence failed to support his conviction of possession with intent to deliver. He also claims the district court violated his right of allocution by failing to ask his attorney for a sentencing recommendation. We affirm. I. Background Facts & Proceedings

On February 24, 2005, Patrol Sergeant Matt Logsdon stopped a vehicle in Urbandale because the occupants of the front seat were not wearing seat belts. While making the stop, Officer Logsdon witnessed the occupants of the vehicle making furtive gestures toward the floorboard. The officer approached the car. Cosper was seated in the front passenger seat of the vehicle. Inside the vehicle, Logsdon found a green pouch on the front passenger floorboard that contained approximately twenty grams of methamphetamine, one-half gram of cocaine, and three grams of marijuana. Logsdon also found a glass drug pipe, seven

hypodermic needles, the tops of two plastic Ziploc bags, a black-handled razor, razor blades, a pocket knife, a ledger with nicknames and weight increments, a note with a name and telephone number, a bottle containing three pieces of

3 paper and cards, and a digital scale. 1 The officer found an Altoids tin with

magnets attached to it on Cosper's person. 2 While still at the scene of the stop, Cosper admitted to Officer Logsdon the drugs and drug paraphernalia recovered from the car belonged to him. 3 Cosper told Officer Logsdon he had purchased the methamphetamine for $1100 and sold the drug in "teeners" (one-sixteenth ounce) for $110 to support his methamphetamine addiction. At the time of his arrest, Cosper had been

unemployed since the preceding October or November. The State filed a trial information charging Cosper with possession of more than five grams of methamphetamine with the intent to deliver, a drug tax stamp violation, possession of marijuana, and possession of cocaine. At his jury trial, Cosper admitted he had sold methamphetamine in the past, but claimed he was no longer dealing drugs. He claimed all the methamphetamine in his

possession was intended for his personal use. Cosper maintained he would have used the twenty grams of methamphetamine in a few days, and he claimed he used the scale and razor to measure his own doses. He testified he

purchased the methamphetamine by using various schemes to defraud other people. Cosper called Gabriele Twohey, a substance abuse counselor, as a witness. Twohey testified Cosper told her he used methamphetamine heavily.

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