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STATE v. WILLS

No. 04-0202.

696 N.W.2d 20 (2005)

STATE of Iowa, Appellee, v. Kent Bradley WILLS, Appellant.

Supreme Court of Iowa.

May 6, 2005.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Tricia Johnston, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, John P. Sarcone, County Attorney, and John Judisch, Assistant County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary contending that an attached garage is a separate occupied structure from that of the living quarters of the residence. In this appeal, we must determine whether trial counsel was ineffective for (1) failing to move for judgment of acquittal on the basis there was insufficient evidence to convict Wills of second-degree burglary when he entered an attached garage of a residence when no persons...

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