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Case No. 16-1440

State of Iowa
v.
Tomas Tovar

Appellee

State of Iowa

Appellant

Tomas Tovar

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

Philip B. Mears

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-1440
Date Published:
Nov 21, 2018
Summary

            Appeal from the Iowa District Court for Muscatine County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Danilson, C.J., Vogel, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (16 pages)

            Tomas Tovar appeals his conviction for sexual abuse in the third degree.  He challenges the sufficiency of the evidence supporting conviction, his trial counsel’s failure to specifically challenge the sufficiency of the evidence of an alternative theory, the district court’s refusal to require unanimity amongst the jurors’ findings regarding which alternative theory supported conviction, and the inclusion of instructions for lesser included offenses.  OPINION HOLDS: Sufficient evidence supported Tovar’s conviction under both alternative theories.  Because the alternative theories are not repugnant to each other, unanimity among the jurors’ findings was not required.  Because Tovar was committed of the greater offense, he was not prejudiced by the inclusion of instructions for lesser included offenses.

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