Supreme Court of Iowa· 6/18/1997

State v. Anderson

Citations

565 N.W.2d 340
1997 Iowa Sup. LEXIS 179
1997 WL 331963

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “when a statute provides alternative ways of committing the offense, the alternative submitted to the jury controls”
concluding that, “[b]ased upon the alternatives submitted by the district court to the jury in this case,” assault with intent to commit sexual abuse merged with first-degree burglary
“Applying the impossibility test to this case, we conclude the assault charge was a lesser-included offense of the burglary charge and merged with the burglary conviction.”
“[Iowa Code section 701.9] and [Iowa Rule of Criminal Procedure 2.6(2) ] express the merger doctrine in Iowa.”
“When a statute provides alternative ways of committing the offense, the [statutory] alternative[s] submitted to the [factfinder] control[].”
“[E]ven if one offense is a lesser-included offense of another under our elements test, the legislature may intend punishment under both statutes.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Larson, Carter, Snell, Andreasen, Ternus

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Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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