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STATE v. AUMANN

No. 59509.

265 N.W.2d 316 (1978)

STATE of Iowa, Appellee, v. Paul Frank AUMANN, Appellant.

Supreme Court of Iowa.

Rehearing Denied July 26, 1978.

Attorney(s) appearing for the Case

Robert A. Engberg of Pryor, Riley, Jones & Aspelmeier, Burlington, for appellant.

Richard C. Turner, Atty. Gen., Thomas Evans, Asst. Atty. Gen., Steven S. Hoth, County Atty., for appellee.

Considered en banc.

HARRIS, Justice.

Paul Frank Aumann (defendant) was convicted of robbery with aggravation in violation of §§ 711.1 and 711.2, The Code.1 His counsel, without defendant's permission and against defendant's wishes, has brought this appeal contending § 783.2, The Code, is unconstitutional in placing on defendant the burden of persuasion to show his unfitness to stand trial. Because of defendant's personal unwillingness to pursue...

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