STATE v. TAYLOR

No. 98-273.

596 N.W.2d 55 (1999)

STATE of Iowa, Appellee, v. Howard Fitzgerald TAYLOR, Appellant.

Supreme Court of Iowa.

June 3, 1999.


Attorney(s) appearing for the Case

Kellyann M. Lekar of Roberts and Stevens, P.L.C., Waterloo, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, Denver D. Dillard, County Attorney, and Jerry Vander Sanden, Assistant County Attorney, for appellee.

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


HARRIS, Justice.

The controlling issue in this appeal is whether going armed with intent is a lesser included offense of terrorism. Because we think it clearly is not, we affirm defendant's sentences for both offenses.

The facts are undisputed and straightforward. Carlos Cooper observed Howard Taylor running at him with a handgun. Taylor proceeded to shoot at Cooper while Cooper was in his vehicle. It seems this was not the first altercation between the two...

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