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STATE v. DEWITT

No. 97-1100.

597 N.W.2d 809 (1999)

STATE of Iowa, Appellee, v. Corey DeWITT, Appellant.

Supreme Court of Iowa.

July 8, 1999.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Patricia Reynolds and Christopher A. Cooklin, Assistant State Appellate Defenders, for appellant.

Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, John P. Sarcone, County Attorney, and Daniel Voogt and Jeffrey Noble, Assistant County Attorneys, for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, SNELL, and CADY, JJ.

LARSON, Justice.

Corey DeWitt was convicted of first-degree murder and first-degree robbery under Iowa Code sections 707.1, 707.2, 711.1, and 711.2 (1995), and he appealed. The court of appeals affirmed on a divided vote, and we granted DeWitt's application for further review. We reverse and remand for a new trial.

The victim, Michael Brown, drove to a parking lot in Des Moines where he met Dimayne Pickens and Duriel Browne. The victim told Pickens he wanted...

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