State v. Hepperle

McGIVERIN, Chief Justice.

Defendant Kenneth Hepperle appeals his conviction of assault with intent to commit sexual abuse with no injury resulting, in violation of Iowa Code section 709.11 (1993). Hepperle asserts that the crime of which he was convicted was improperly submitted to the jury as an included offense in the original charge of second-degree sexual abuse. In the alternative, he contends his trial attorney rendered ineffective assistance of counsel by failing to properly object to that submission.

Agreeing with defendant’s alternative argument, the court of appeals reversed…