STATE v. HEPPERLE

No. 93-1382.

530 N.W.2d 735 (1995)

STATE of Iowa, Appellee, v. Kenneth HEPPERLE, Appellant.

Supreme Court of Iowa.

April 26, 1995.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, John F. Fatino and B. John Burns, Asst. Appellate Defenders, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and Shawn Wehde, Asst. County Atty., for appellee.

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


McGIVERIN, Chief Justice.

Defendant Kenneth Hepperle appeals his conviction of assault with intent to commit sexual abuse with no injury resulting, in violation of Iowa Code section 709.11 (1993). Hepperle asserts that the crime of which he was convicted was improperly submitted to the jury as an included offense in the original charge of second-degree sexual abuse. In the alternative, he contends his trial attorney rendered ineffective assistance of counsel by failing...

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