State v. Love
Annotate this CaseIn this case involving a violent domestic altercation, Defendant was charged with kidnapping in the first degree, attempted murder, and willful injury causing bodily injury. The jury was instructed on each of the offenses. The attempted murder instruction included assault with intent to inflict serious injury as a lesser included offense. The jury acquitted Defendant of kidnapping and attempted murder but found him guilty of the lesser included charge of assault with intent to inflict serious injury as well as the willful injury causing bodily injury charge. The district court sentenced Defendant to terms of imprisonment for the willful injury conviction and for the assault conviction. Defendant appealed, arguing that the district court erred in sentencing him for two separate crimes because the assault conviction should have merged with the willful injury conviction under Iowa’s merger statute. The Supreme Court vacated Defendant’s conviction of assault with intent, holding that, under the unique circumstances of the instructions given in this case, the offenses of willful injury and assault with intent should merge. Remanded for sentencing on the willful injury conviction.
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