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STATE v. SHUMPERT

No. 95-61.

554 N.W.2d 250 (1996)

STATE of Iowa, Appellee, v. Farley Trent SHUMPERT, Appellant.

Supreme Court of Iowa.

September 18, 1996.

Attorney(s) appearing for the Case

David C. Thomas, Chicago, IL, and Paul R. Huscher, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, Lawrence H. Schultz, County Attorney, and Bruce A. Ingham, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and LARSON, LAVORATO, NEUMAN, and TERNUS, JJ.

LARSON, Justice.

Farley Shumpert was convicted of possession of cocaine with intent to deliver, Iowa Code § 124.401(1)(c)(2)(b) (1993), and possession of cocaine without payment of the tax, Iowa Code §§ 453B.3 and 453B.12 (1993). On appeal he contends that (1) imposition of the taxes and penalties under chapter 453B violates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution, (2) his payment of the tax under a distress...

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