State v. Luckett

HARRIS, Justice.

Two questions are presented in this appeal following defendant’s conviction of attempted murder. See Iowa Code § 707.11 (1983). We reject defendant’s contention that aggravated assault and simple assault should have been submitted as lesser included offenses, but we agree it was error to impose a mandatory sentence.

Evidence of defendant’s guilt was overwhelming. The victim, Wade Dawson, had formerly been married to Sandra Arrington who became romantically involved with defendant. A great deal of animosity devel*299oped over Dawson’s visitation rights to Dawson’s and Sandra’s…