Philip Dean Termaat, Applicant-Appellant v. State of Iowa

Philip Termaat appeals the denial of his motion -for correction of an illegal sentence. Termaat claims his sentences for voluntary manslaughter and attempt to commit murder are illegal because they violate Iowa’s one-death, one-homicide rule as both are homicide offenses. We find attempt to commit murder is not a homicide offense and affirm the district court’s order.

I. BACKGROUND FACTS AND PROCEEDINGS

In 2002, the State charged Termaat with murder in the first degree for the killing of his wife, Melinda Termaat. After plea negotiations, Termaat agreed to plead guilty to the amended charges of…