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TYRRELL v. IOWA DIST. COURT

No. 87-32.

413 N.W.2d 674 (1987)

Timothy Thomas TYRRELL, Plaintiff, v. IOWA DISTRICT COURT, Defendant.

Supreme Court of Iowa.

October 21, 1987.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and John P. Messina, Asst. Appellate Defender, for plaintiff.

Thomas J. Miller, Atty. Gen., David L. Dorff, Asst. Atty. Gen., J. Patrick White, Co. Atty., and Mary L. McCollum, Asst. Co. Atty., for defendant.

Considered en banc.

LARSON, Justice.

Timothy Thomas Tyrrell was charged with assault causing bodily injury under Iowa Code section 708.2 (1985), an indictable misdemeanor. After trial to a jury, Tyrrell was found guilty of simple-misdemeanor assault, an included offense. The district associate judge sentenced Tyrrell to thirty days in jail and advised him (erroneously, we conclude) that he had a right of appeal to the district court. Tyrrell filed a notice of appeal to district court...

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