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Case No. 17-2045

State of Iowa
v.
Onterier Brown

Appellee

State of Iowa

Appellant

Onterier Brown

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-2045
Date Published:
Oct 24, 2018
Summary

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (4 pages)

            Onterier Brown appeals from convictions and sentences imposed after a jury found him guilty of three counts of sexual abuse in the third degree and one count of incest.  He challenges an evidentiary ruling and the sufficiency of the evidence.  OPINION HOLDS: The district court engaged in the appropriate balancing test, determined the evidence of other sex acts was relevant to the issue of consent and to the relationship of the defendant to the complainant, and was not unfairly prejudicial.  We find no abuse of discretion.  There was substantial evidence from which the jury could find the sex acts were done “against the will” of the complainant.

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