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Case No. 18-1831

State of Iowa
v.
William Walter Evans

Appellee

State of Iowa

Appellant

William Walter Evans

Attorneys for Appellee

Sheryl Soich, Assistant Attorney General

Attorneys for Appellant

Eric D. Tindal

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1831
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (5 pages)

            William Walter Evans appeals his convictions for simple assault, second-degree harassment, and false imprisonment.  OPINION HOLDS: Evans failed to preserve error on his claim regarding the sufficiency of the evidence supporting his harassment conviction.  Merger is not required because the offenses of harassment and assault fail the impossibility test.  Evans’s trial counsel was not ineffective in failing to challenge the sufficiency of the evidence supporting his false-imprisonment charge because it has no merit.

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