State v. Braggs

BAKER, Justice.

The defendant, Frederick Braggs, appeals from his conviction for assault and contends his trial counsel was ineffective in failing to object to the instruction on assault as a lesser-included offense of attempt to commit murder. He claims we should overrule Blanford v. State, 340 N.W.2d 796 (Iowa Ct.App.1983), and State v. Powers, 278 N.W.2d 26 (Iowa 1979), to the extent those decisions hold assault is a lesser-included offense of attempt to commit murder. We hold assault under Iowa Code section 708.1(1) (2005) is a lesser-included offense of attempt to commit murder, and,…