State v. Finnel

TERNUS, Justice.

John Ray Finnel appeals from his convictions of second-degree burglary, assault while participating in a felony, and serious assault. See Iowa Code §§ 708.2(2), 708.3, 713.5 (1991). Finnel argues that the evidence was insufficient to support a finding that he entered an occupied building with the intent of committing an assault, as required for second-degree burglary and assault while participating in a felony (burglary being the underlying felony). Finnel also asserts that serious assault is a lesser included offense of assault while participating in a felony. Therefore, he…