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Case No. 17-1418

State of Iowa
v.
Chance Wetter

Appellee

State of Iowa

Appellant

Chance Wetter

Attorneys for Appellee

Sheryl Soich, Assistant Attorney General

Attorneys for Appellant

Mark C. Smith, State Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1418
Date Published:
Nov 07, 2018
Summary

           Appeal from the Iowa District Court for Sioux County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (7 pages)

           Chance Wetter appeals his conviction, following a bench trial, of third-degree sexual abuse.  He argues the district court misapplied the law in denying his motion for judgment of acquittal at the close of evidence when it concluded there was sufficient evidence that he and a minor were not cohabiting as husband and wife at the time of the underlying sex act.  OPINION HOLDS: We conclude the evidence was sufficient and affirm Wetter’s conviction of sexual abuse in the third degree.

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