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STATE v. RATER

No. 96-191.

568 N.W.2d 655 (1997)

STATE of Iowa, Appellee, v. Otho RATER, Appellant.

Supreme Court of Iowa.

July 23, 1997.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Sarah E. Hennesy and Tricia A. Johnston, Assistant State Appellate Defenders, for appellant.

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, John P. Sarcone, County Attorney, and Mark Godwin, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

This appeal primarily concerns the defendant's Sixth Amendment right to counsel and the defendant's rights under the Double Jeopardy Clause of the United States Constitution. Rater was convicted by the court for contempt and by a jury for criminal nonsupport of his children. He appeals the criminal non-support conviction. We reverse and remand for a new trial.

I. Background Facts and Proceedings

In 1987, the marriage of Maja Elizabeth...

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