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STATE v. WALKER

No. 98-1482.

610 N.W.2d 524 (2000)

STATE of Iowa, Appellee, v. Russell WALKER, Appellant.

Supreme Court of Iowa.

April 26, 2000.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, John P. Sarcone, County Attorney, Steve Foritano and George Karnas, Assistant County Attorneys, for appellee.

Considered en banc.

NEUMAN, Justice.

Defendant, Russell Walker, seeks to reverse the judgment entered on his guilty plea to willful injury on the ground the conviction merged, as a matter of law, with his companion plea to the crime of voluntary manslaughter. The State counters that Walker entered knowing and voluntary pleas to two separate crimes and, therefore, merger under Iowa Code section 701.9 (1997) is not required. Under the unique facts of this case, we are convinced the State...

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