STATE v. WINNETT

No. 87-1769.

442 N.W.2d 275 (1989)

STATE of Iowa, Plaintiff-Appellee, v. Gary Allen WINNETT, Defendant-Appellant.

Court of Appeals of Iowa.

April 25, 1989.


Attorney(s) appearing for the Case

William L. Wegman, State Public Defender, and Linda Del Gallo, Asst. State Public Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., and Steven J. Oeth, County Atty., and Robert Blink, Sp. Pros., for plaintiff-appellee.

Considered by OXBERGER, C.J., and DONIELSON and HAYDEN, JJ.


DONIELSON, Judge.

The defendant was accused of killing a robbery victim during the course of the robbery. A jury found the defendant guilty of first degree murder. He appeals from his conviction, arguing that the district court should have submitted involuntary manslaughter as a lesser included offense.

Involuntary manslaughter is a statutorily mandated included offense under an indictment for murder in the first degree. Iowa Code § 707.5(2). However...

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