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STATE v. MILLBROOK

No. 07-0309.

788 N.W.2d 647 (2010)

STATE of Iowa, Appellee, v. Ron Jarel MILLBROOK, Appellant.

Supreme Court of Iowa.

September 17, 2010.

Attorney(s) appearing for the Case

Lauren M. Phelps , Bettendorf, for appellant.

Thomas J. Miller , Attorney General, Bridget A. Chambers , Assistant Attorney General, Michael J. Walton , County Attorney, and Jerald L. Feuerbach , Assistant County Attorney, for appellee.

TERNUS, Chief Justice.

The defendant, Ron Millbrook, appeals his conviction of first-degree murder, contending the trial court erred when it submitted a felony-murder instruction to the jury. Relying on the merger doctrine adopted in State v. Heemstra, 721 N.W.2d 549 (Iowa 2006), Millbrook claims there was not sufficient evidence of his commission of a felony independent of the act resulting in the victim's death. His...

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