STATE v. DANIELS

No. 97-1957.

588 N.W.2d 682 (1998)

STATE of Iowa, Appellee, v. Steven DeWayne DANIELS, Appellant.

Supreme Court of Iowa.

December 23, 1998.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Robert P. Ewald and James Kivi, Assistant Attorneys General, and John E. Schroeder, County Attorney, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.


NEUMAN, Justice.

Steven DeWayne Daniels challenges the sentences imposed on his convictions for first-degree burglary and assault while participating in a felony. Claiming the assault charge merges with the burglary offense under the alternative charged, Daniels argues for resentencing on constitutional and statutory grounds. Finding no error, we affirm.

A jury could have found the following facts. While high on methamphetamine and armed with a .410 shotgun...

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