STATE v. SPURGEON

No. 94-92.

533 N.W.2d 218 (1995)

STATE of Iowa, Appellee, v. Scott Richard SPURGEON, Appellant.

Supreme Court of Iowa.

May 24, 1995.


Attorney(s) appearing for the Case

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

Thomas J. Miller, Atty. Gen., Martha E. Boesen, Asst. Atty. Gen., David Andrusyk, County Atty., and Bruce C. McDonald, Asst. County Atty., for appellee.

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


TERNUS, Justice.

Defendant, Scott Richard Spurgeon, claims he had ineffective counsel in his trial for burglary in the second degree and assault with intent to commit sexual abuse causing bodily injury. See Iowa Code §§ 709.11, 713.1, 713.5(2) (1993). As a result of counsel's failure to object to the instructions and verdicts, Spurgeon was convicted, he argues, of two crimes that are factually irreconcilable.

We think that under this record...

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