State v. Mitchell

NEUMAN, Justice.

Defendant Louis Mitchell was charged with first-degree kidnapping for the alleged abduction and sexual abuse of a young woman from Denison, Iowa. Following a bench trial, the court concluded that the abduction was merely incidental to the crime of sexual abuse. Thus, Mitchell was convicted of second-degree sexual abuse and sentenced to a term of imprisonment not to exceed twenty-five years. See Iowa Code §§ 709.3(3) and 902.9(1) (1987).

On appeal, Mitchell contends that the crime of sexual abuse for which he has been convicted is not a lesser-included offense of first-degree…