STATE v. ROE

No. 00-0297.

642 N.W.2d 252 (2002)

STATE of Iowa, Appellee, v. David James ROE, Appellant.

Supreme Court of Iowa.

February 27, 2002.


Attorney(s) appearing for the Case

Philip B. Mears of Mears Law Office, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney General, J. Patrick White, County Attorney, and Michael D. Brennan, Assistant County Attorney, for appellee.


NEUMAN, Justice.

David Roe stands convicted of domestic assault, a violation of Iowa Code sections 236.2, 708.1 and 708.2A(2) (1999). The judgment against him, however, rests on a jury verdict finding him guilty only of simple assault. On appeal, Roe contends he cannot be convicted of an offense at variance with the jury's verdict. We agree, thereby vacating a contrary decision by our court of appeals. The case must be reversed and remanded for a corrected judgment...

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