State v. Johnson

ALLBEE, Justice.

Defendant Harold M. Johnson, accused by trial information of sexual abuse in the third degree, and found guilty by a jury of assault while participating in a felony, appeals from his conviction. His appeal presents two issues. The first and crucial issue is whether assault while participating in a felony, a violation of section 708.3, Supplement to the Code 1977, is legally a lesser included offense of the crime of sexual abuse in the third degree, as defined by section 709.4, Supplement to the Code 1977. The second issue is whether the evidence in this case provided a factual…