State of Iowa v. David Lee Miller

I agree with the majority’s conclusion that voluntary absence is a lesser included offense of escape. Nevertheless, I write separately because I suspect that the statute as written was intended to cover separate and distinct offenses.

I agree with the majority’s comment that the fighting question concerns the comparison of the “intentionally left” element from the marshaling instruction for the crime of escape with the absent-from-a-place element of the crime of voluntary absence. I also agree that in determining whether these two elements share the identity necessary to make voluntary absence…