State v. Vargason

SACKETT, Judge.

Defendant Clinton Robert Vargason appeals his conviction of third-degree sexual abuse in violation of Iowa Code section 709.4 (1989). He contends the trial court erred in failing to instruct on lesser-included offenses of assault with intent to commit sexual abuse and assault. He also challenges the trial court’s refusal to strike a challenged juror and contends he was compelled to disclose communications that were privileged under the attorney-client relationship. We determine it was error not to instruct on the lesser-included offenses of assault. We remand for new trial.

In…