State v. Roe

NEUMAN, Justice.

David Roe stands convicted of domestic assault, a violation of Iowa Code sections 236.2, 708.1 and 708.2A(2) (1999). The judgment against him, however, rests on a jury verdict finding him guilty only of simple assault. On appeal, Roe contends he cannot be convicted of an offense at variance with the jury’s verdict. We agree, thereby vacating a contrary decision by our court of appeals. The case must be reversed and remanded for a corrected judgment and sentence.

The facts are largely undisputed. Police responded to a 9-1-1 call placed from a home shared by Roe and Heather…