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STATE v. GAY

No. 93-1777.

526 N.W.2d 294 (1995)

STATE of Iowa, Appellee, v. Anthony GAY, Appellant.

Supreme Court of Iowa.

January 18, 1995.

Attorney(s) appearing for the Case

Donna M. Humpal of M.W. Liebbe Law Offices, Davenport, for appellant.

Bonnie J. Campbell, Atty. Gen., Mary Tabor, Asst. Atty. Gen., William E. Davis, County Atty., and Michael Walton, Asst. County Atty., for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

SNELL, Justice.

Defendant Anthony Gay has been convicted of willfully failing to appear to stand trial for charges of terrorism and criminal gang participation, in violation of Iowa Code section 811.2(8) (1993). He appeals claiming he did not willfully fail to appear because he was incarcerated in an Illinois jail, had a right to refuse to waive extradition procedures, and thereby established a legal excuse barring his conviction. We affirm.

I. Factual Background...

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