CASE STATEMENT

 

No. 08-0446

 

Polk County No. FECR212155

 

 

STATE OF IOWA,

Plaintiff-Appellee-Resister,

 

vs.

 

FREDERICK BRAGGS,

          Defendant-Appellant-Applicant.

 

 

Court of Appeals opinion writer: Vaitheswaran, P.J.

 

 

Trial Judge: Don C. Nickerson

 

Appellate Counsel:

Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.

 

          Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, John Sarcone, County Attorney, and James Ward, Assistant County Attorney, for appellee.

 

Trial Counsel:

          Jennifer Larson, Assistant Public Defender, for appellant.

 

          James Ward, Assistant County Attorney, for appellee.

 

Ready date: 2-26-08

 

General case description: The defendant appeals from his conviction for assault and contends his trial counsel was ineffective in failing to object to the inclusion of assault as a lesser included offense of attempt to commit murder. He argues the supreme court should overrule State v. Blanford, 340 N.W.2d 796 (Iowa Ct. App. 1983), and State v. Powers, 278 N.W.2d 26 (Iowa 1979), to the extent those decisions hold assault is a lesser included offense of attempt to commit murder.