STATE v. HANES

No. 08-1231.

790 N.W.2d 545 (2010)

STATE of Iowa, Appellee, v. Robert L. HANES, Appellant.

Supreme Court of Iowa.

November 12, 2010.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Martha J. Lucey , Assistant State Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Darrel L. Mullins and Cristen Douglass (until withdrawal) and then Elisabeth Reynoldson , Assistant Attorneys General, Thomas J. Ferguson , County Attorney, and Kim Griffith , Assistant County Attorney, for appellee.


STREIT, Justice.

Robert Hanes was convicted by a jury of willful injury causing serious injury. At trial, the jury was instructed that potential penalties would include fines; community service; supervised or unsupervised probation; placement in a residential, correctional, or violator facility; or confinement in a county jail or prison. The jury instruction was improper and prejudiced Hanes. We reverse and remand.

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