Davenport man loses appeal in drug case, begins serving 30-year prison sentence
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Davenport man loses appeal in drug case, begins serving 30-year prison sentence

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A Davenport man who lost his appeal on a drug conviction reported Wednesday to the Scott County Jail to begin his sentence of 30 years for selling crack cocaine.

Untril Darnell Overstreet Sr., 42, was convicted Feb. 22, 2018, after a bench trial on charges of possession with the intent to deliver no more than 10 grams of crack cocaine, failure to affix an Iowa drug tax stamp, and assault on a police officer.

The crack cocaine charge normally carries a prison sentence of 10 years, while the tax stamp charge normally carries a prison sentence of five years. However, Scott County prosecutors filed the case asking for enhanced sentencing given Overstreet’s record of drug charges in Scott and Rock Island counties.

On April 4, 2018, Overstreet was sentenced by Scott County District Judge Henry Latham II to 30 years on the cocaine charge, and a concurrent prison term of 15 years on the drug tax stamp charge. Overstreet was also sentenced to a consecutive term of one year in the Scott County Jail on the assault charge.

The case began Feb. 24, 2017, when Davenport Police stopped a Jeep SUV in the 1500 block of West 9th Street at 3:16 a.m. Overstreet was a passenger in the vehicle.

According to the arrest affidavit filed by Davenport Police Officer Daniel Reeves, the driver of the Jeep had failed to stop at a stop sign at West 6th and Fillmore streets.

Officers saw loose marijuana on the dashboard in front of Overstreet and asked him to exit the vehicle. When he got out, Overstreet swung at officers and fled on foot. Officers captured him after a short pursuit. Nearby was Overstreet’s cell phone, Iowa Identification card and a baggie containing numerous hits of crack cocaine.

Overstreet appealed his conviction in Scott County District Court, alleging his counsel was ineffective in that no motion to suppress evidence was done and that the traffic stop was pretextual. The Iowa Court of Appeals ruled that actions of Overstreet’s attorney did not constitute ineffective counsel, as attorneys are not required to pursue meritless arguments, and that the stop was legal as the Iowa Supreme Court has upheld a longstanding precedent that pretextual stops are permissible under the Iowa Constitution.

Overstreet’s criminal record includes a 1996 conviction in Rock Island County Circuit Court for which he was sentenced to 14 years in the Illinois Department of Corrections on a charge of unlawful delivery of a controlled substance on a public way. He also was sentenced to 4 years on probation for two counts of unlawful delivery of a controlled substance. The probation sentence was to run consecutive to the prison sentence.

Also in Rock Island County, in 2003 he was sentenced to eight years in prison for possession with the intent to deliver cocaine.

In 2011, he was convicted in Scott County District Court for selling crack cocaine and failing to have an Iowa drug tax stamp attached to the drugs. He was sentenced to 10 years for the crack cocaine and a concurrent term of five years for the drug tax stamp offense.

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