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State of Iowa
v.
William Walter Evans
Appellee
State of Iowa
Appellant
William Walter Evans
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Eric D. Tindal
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
