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STATE v. THORNTON

No. 92-20.

506 N.W.2d 777 (1993)

STATE of Iowa, Appellee, v. James THORNTON, Sr., Appellant.

Supreme Court of Iowa.

October 20, 1993.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Shari Barron, Asst. Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Julie Halligan Brown, Asst. Atty. Gen., William E. Davis, Co. Atty., and Gerda C. Lane, Asst. Co. Atty., for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and TERNUS, JJ.

LARSON, Justice.

James Thornton has appealed from his convictions of first-degree theft and second-degree burglary, Iowa Code §§ 713.5, 714.2(1) (1991). He alleges errors in the trial court's procedural and evidentiary rulings and its refusal to instruct on an included offense. The court of appeals reversed. We vacate the court of appeals decision and affirm the district court.

On July 30, 1991, Tracy...

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