State v. Ondayog

STREIT, Justice.

Reynold Ondayog appeals from his conviction for assault with intent to commit sexual abuse causing bodily injury, a class “D” felony in violation of Iowa Code section 709.11 (2003). Ondayog contends his trial attorney rendered ineffective assistance of counsel by failing to object to the jury instruction which included this charge as a lesser-included offense to the charge of kidnapping in the first degree (resulting in sexual abuse). The court of appeals determined Ondayog’s trial counsel provided ineffective assistance and reversed his conviction, vacated his judgment and…