STATE v. ERVING

No. 83-35.

346 N.W.2d 833 (1984)

STATE of Iowa, Appellee, v. Allan Brian Michael ERVING, Appellant.

Supreme Court of Iowa.

April 11, 1984.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and Linda Del Gallo, Asst. Appellate Defender, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen., William E. Davis, County Atty., and James D. Hoffman, Asst. County Atty., for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, LARSON, and CARTER, JJ.


REYNOLDSON, Chief Justice.

Following a jury trial, defendant Allan Brian Michael Erving was convicted of attempted burglary, a violation of Iowa Code section 713.2 (1981). On this appeal defendant asserts the evidence was insufficient to generate a jury question, and he had ineffective assistance of counsel. The latter claim is based on his trial attorney's failure to move for mistrial after the prosecutor allegedly intimidated a defense witness. We affirm.

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