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State v. Swanson

Court of Appeals of Iowa

December 21, 1989

STATE of Iowa, Plaintiff-Appellee,
v.
Robert Emil SWANSON, Defendant-Appellant.

Page 467

William L. Wegman, State Public Defender, B. John Burns, Asst. Public Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., Robert J. Glaser, Asst. Atty. Gen., for plaintiff-appellee.

Considered by OXBERGER, C.J., and DONIELSON and SACKETT, JJ.

SACKETT, Judge.

This appeal follows defendant's conviction on two counts of assault without intent to inflict serious injury but causing bodily injury, in violation of Iowa Code §§ 708.1, 708.2(2) (1987). In a prior proceeding, defendant was charged with two counts of assault with intent to inflict serious injury. The trial court submitted assault without intent to inflict serious injury, but causing bodily injury, to the jury as a lesser included offense. The jury found defendant guilty of the lesser included offense.

This court, on March 23, 1988, reversed defendant's conviction and remanded his case to the district court, on the ground the offense of assault causing bodily injury was not a proper lesser offense of assault with intent to inflict serious injury, because it did not meet the legal test for inclusion. State v. Swanson,423 N.W.2d ...


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