State of Iowa v. David Lee Miller

CADY, Chief Justice.

In this appeal, we must decide if the crime of absence from custody is a lesser included offense of the crime of escape. The district court, following case precedent, held the crime of absence from custody was not a lesser included offense, and a jury subsequently found the defendant guilty of the crime of escape. On appeal, the court of appeals affirmed the judgment and sentence of the district court. On further review, we vacate the decision of the court of appeals and reverse the judgment and sentence of the district court. Under the test we have developed to evaluate…