STATE v. FRANZEN

No. 92-363.

495 N.W.2d 714 (1993)

STATE of Iowa, Appellant, v. Keith Michael FRANZEN, Appellee. STATE of Iowa, Appellant, v. Jeffrey Lawrence HAVIGHURST, Appellee. STATE of Iowa, Appellant, v. Scott David KOLKER, Appellee. STATE of Iowa, Appellant, v. Anthony Michael KOURI, Appellee. STATE of Iowa, Appellant, v. Michael Douglas TROXEL, Appellee.

Supreme Court of Iowa.

February 17, 1993.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and Kim Griffith-Dunn, D. Raymond Walton, and Shawn Wehde, Asst. County Attys., for appellant.

T. David Katsumes, Elgin, for appellee Franzen.

Linda Del Gallo, State Appellate Defender, and B. John Burns, Asst. State Appellate Defender, for appellees Havighurst, Kolker, Kouri and Troxel.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN and ANDREASEN, JJ.


ANDREASEN, Justice.

Does a guilty plea to a lesser included offense in a multicount criminal information raise a double jeopardy bar to prosecution on the greater offense? We have combined these four criminal appeals because they involve this issue. Each of the defendants was charged in one information with two criminal offenses. Each defendant entered a plea of guilty to possession of marijuana, a serious misdemeanor, in violation of Iowa Code section 204.401(3)...

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