State of Iowa, Appellee v. David Lee Miller, Appellant

Summary

The court held that absence from custody is a lesser included offense of escape when the escape conviction is based on the charged and instructed theory that the defendant intentionally left a community-based correctional facility without consent. Applying Iowa's impossibility and statutory-elements tests, the court concluded that escape under this theory necessarily includes absence from a place where the defendant is required to be, and it overruled contrary precedent. Because the requested lesser-offense instruction was central to Miller's defense and its omission was prejudicial, the court reversed and remanded for a new trial. Zager, J., concurring specially, agreed with the result but believed the statute was intended to establish separate offenses and should be clarified by the legislature.