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STATE v. HARDY

No. 90-1590.

492 N.W.2d 230 (1992)

STATE of Iowa, Appellee, v. Kenneth Charles HARDY, Appellant.

Court of Appeals of Iowa.

August 27, 1992.

Attorney(s) appearing for the Case

Alfredo Parrish of Parrish & Kruidenier, Des Moines, for appellant.

Bonnie J. Campbell, Atty. Gen., Roxann M. Ryan, Deputy Atty. Gen., Thomas J. Ferguson, County Atty., and Thomas Bower, Asst. County Atty., for appellee.

Heard by OXBERGER, C.J., and HAYDEN and HABHAB, JJ., but decided en banc.

DONIELSON, Judge.

The defendant, Kenneth Hardy, met Rochelle Barry in Shagnasty's Bar in Cedar Falls, Iowa, on the evening of August 18, 1989. When the bar closed at 2 a.m., Barry and her friend, Sara Tomson, accompanied Hardy to an isolated sand pits area in Waterloo, Iowa. When Tomson told Barry she was ready to go home, Barry and Hardy ignored her and entered a wooded area behind Tomson's car. After waiting for close to an hour for the two to return, Tomson began...

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