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STATE v. HERNANDEZ

No. 94-1764.

538 N.W.2d 884 (1995)

STATE of Iowa, Plaintiff-Appellee, v. Juan Jose HERNANDEZ, Jr., Defendant-Appellant.

Court of Appeals of Iowa.

August 17, 1995.

Attorney(s) appearing for the Case

John G. Martens of Sanderson, Ridout & Martens, Estherville, for appellant.

Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, Lynn K. Fillenwarth, County Attorney, and Richard J. Meyer, Assistant County Attorney, for appellee.

Heard by HAYDEN, P.J., CADY, J., and SCHLEGEL, Senior Judge.

CADY, Judge.

Juan Hernandez and Danyel Snyder of Estherville had lived together for three years. The couple had met shortly after Hernandez arrived in Estherville to work at a food processing plant. During this relationship a daughter, Victoria, was born in 1992. The relationship between Hernandez and Snyder was rocky, with frequent arguments and physical altercations. Both had a drinking problem. On October 25, 1993, Hernandez was arrested and charged with first...

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