STATE v. HENDERSON

No. 94-1107.

537 N.W.2d 763 (1995)

STATE of Iowa, Appellee, v. Donald Leroy HENDERSON, Appellant.

Supreme Court of Iowa.

September 20, 1995.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Ahmet S. Gonlubol, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Angelina M. Smith, Assistant Attorney General, J. Patrick White, County Attorney, and Janet Lyness, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.


TERNUS, Justice.

Donald Leroy Henderson appeals his conviction and sentence on domestic abuse assault causing bodily injury. See Iowa Code §§ 708.2(2), 708.2A(2)(b) (1993). He claims the trial court should have dismissed this case because it was the second time the State prosecuted Henderson for the same crime. Henderson thinks the State's dismissal of the first prosecution bars the second prosecution under Iowa Rule of Criminal Procedure 27(1). We...

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