CASE STATEMENT

 

No. 08-0532

 

Polk County No. FECR21285

 

 

 

STATE OF IOWA,

Plaintiff-Appellee-Resister,

 

vs.

 

JAMES ALEXANDER EVANS,

          Defendant-Appellant-Applicant.

 

 

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

 

Trial Judge: Eliza J. Ovrom

 

 

Appellate Counsel:

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

 

          Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, John Sarcone, County Attorney, and Frank Severino, Assistant County Attorney, for appellee.

 

Trial Counsel:

          John Jellineck, Assistant Public Defender, for appellant.

 

          Frank Severino, Assistant County Attorney, for appellee.

 

 

Ready date: 3-3-09

 

General case description: The defendant appeals from his conviction for assault with intent to inflict serious injury. He contends his trial counsel was ineffective in failing to object to the inclusion of assault and assault with the intent to inflict serious injury as lesser included offenses of attempt to commit murder. He argues the supreme court should overrule State v. Blanford, 340 N.W.2d 796 (Iowa Ct. App. 1983), to the extent it holds assault with intent to cause serious injury is a lesser included offense of attempt to commit murder.