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Case No. 17-1963

State of Iowa
David Jay Nuno


State of Iowa


David Jay Nuno

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 03, 2019

            Appeal from the Iowa District Court for Mills County, Mark J. Eveloff, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (17 pages)

            David Nuno appeals his conviction and sentence for second-degree sexual abuse.  He argues his right to confront his witnesses was violated, his motion for new trial was incorrectly decided using the wrong standard, and his trial counsel was ineffective several reasons.  OPINION HOLDS: Nuno was not denied the right to confront witnesses, and the district court did not apply the incorrect standard in denying Nuno’s motion for new trial.  We preserve Nuno’s claims of ineffective assistance of counsel for possible postconviction-relief proceedings. 

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