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STATE v. SMOTHERS

No. 97-1234.

590 N.W.2d 721 (1999)

STATE of Iowa, Appellee, v. David Max SMOTHERS, Appellant.

Supreme Court of Iowa.

March 24, 1999.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Dennis D. Hendrickson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Patrick C. Jackson, County Attorney, and Michael Clark and Scott E. Schroeder, Assistant County Attorneys, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and CADY, JJ.

PER CURIAM.

The defendant, David Smothers, was charged with and later convicted of two counts of third-degree burglary.1 See Iowa Code §§ 713.1, 713.6A (1997). The charges were based on allegations that he burglarized a wig manufacturing business, Today's Modern Option, and an auto parts shop, Skerik's Auto Parts, which are located within the same building.

On appeal, the defendant argues the businesses are located...

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