STATE v. SMITH

No. 64720.

309 N.W.2d 454 (1981)

STATE of Iowa, Appellee, v. Clarence Duane SMITH, Appellant.

Supreme Court of Iowa.

August 26, 1981.


Attorney(s) appearing for the Case

Martha Shepard, Polk County-Des Moines Offender Advocate Office, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen. and Dan Johnston, County Atty., for appellee.

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN and SCHULTZ, JJ.


LeGRAND, Justice.

In this appeal defendant challenges his conviction for two crimes—terrorism and second-degree burglary—arising out of the same event. We affirm the convictions, but we vacate the sentences and remand the cause for resentencing.

The evidence shows that defendant entered a hospital room occupied by Patricia Girton at Mercy Hospital in Des Moines in the early morning of January 15, 1979. At that time she was a patient awaiting...

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