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Case No. 16-1066

State of Iowa
Roger Osborn


State of Iowa


Roger Osborn

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Philip B. Mears

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 10, 2018

           Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Heard by Danilson, C.J., McDonald, J., and Scott, S.J.  Opinion by McDonald, J.  Special Concurrence by Danilson, C.J.  (23 pages)

           Defendant Roger Osborn appeals his convictions and sentences for twenty-six counts of possession of a visual depiction of a minor engaging in a prohibited sexual act.  OPINION HOLDS: The district court did not err in denying Osborn’s motion to suppress his interview with police, the evidence was sufficient to support Osborn’s conviction, and the sentencing court did not abuse its discretion.  SPECIAL CONCURRENCE ASSERTS: I specially concur to acknowledge the issue of whether Osborn was in custody is a close question.  Notwithstanding evidence that might support a finding Osborn was in custody, as soon as Osborn arrived at the police station he was informed he could leave at any time and he was provided transport to his home after the interview.  Considering all of these factors, I concur in this close decision.

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