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STATE v. BREITBACH

No. 91-322.

488 N.W.2d 444 (1992)

STATE of Iowa, Appellee, v. Thomas J. BREITBACH, Appellant.

Supreme Court of Iowa.

June 17, 1992.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Thomas G. Fisher, Jr., Asst. Atty. Gen., Fred H. McCaw, County Atty., and Timothy J. Gallagher, Asst. County Atty., for appellee.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.

SNELL, Justice.

Appellant, Thomas J. Breitbach, appeals his conviction of escape in violation of Iowa Code section 719.4(1) (1989). Breitbach challenges his conviction on the basis of three asserted errors. First, he contends that defense counsel's failure to move for a judgment of acquittal at the close of the State's evidence denied him effective assistance of counsel. Second, he maintains that he was denied effective assistance of counsel in that his attorney failed...

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