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STATE v. WAGNER

No. 97-1795.

596 N.W.2d 83 (1999)

STATE of Iowa, Appellee, v. Everett Ray WAGNER, Appellant.

Supreme Court of Iowa.

July 8, 1999.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and John P. Messina, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, and Thomas S. Tauber and Robert J. Glaser, Assistant Attorneys General, for appellee.

Considered en banc.

TERNUS, Justice.

This case presents one issue: does the State of Iowa have criminal jurisdiction to prosecute a defendant in the constructive custody of the State for an escape that occurred in Texas? Although the district court held that the State did have jurisdiction, we find no Iowa statute that would authorize the prosecution of an escape offense that took place outside Iowa's geographical borders. Therefore, we reverse and remand.

I. Factual and...

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