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STATE v. WILSON

No. 93-1072.

523 N.W.2d 440 (1994)

STATE of Iowa, Appellee, v. Marcus Tyrone WILSON, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 21, 1994.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and John Fatino and Rachele Braverman Hjelmaas, Asst. Appellate Defenders, for appellant.

Bonnie J. Campbell, Atty. Gen., Bridget A. Chambers, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and D. Raymond Walton, Asst. County Atty., for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.

CARTER, Justice.

Defendant, Marcus Tyrone Wilson, appeals from conviction following jury trial of the offense of second-degree robbery in violation of Iowa Code sections 711.1 and 711.3 (1993). He asserts that the district court erred in failing to submit, as a lesser included offense, the crime of assault while participating in a felony in violation of Iowa Code section 708.1 (1993). Because we find no error in the district court's failure to instruct on that offense...

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