State v. Millbrook

TERNUS, Chief Justice.

The defendant, Ron Millbrook, appeals his conviction of first-degree murder, contending the trial court erred when it submitted a felony-murder instruction to the jury. Relying on the merger doctrine adopted in State v. Heemstra, 721 N.W.2d 549 (Iowa 2006), Millbrook claims there was not sufficient evidence of his commission of a felony independent of the act resulting in the victim’s death. His appeal was transferred to the court of appeals, where his conviction was affirmed. Upon our further review of his claim of error, we affirm.

I. Background Facts and Proceedings.

On…