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Case No. 18-0588

State of Iowa
Eddie DeLong


State of Iowa


Eddie DeLong

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Attorney for the Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 15, 2019

            Appeal from the Iowa District Court for Cherokee County, Nancy L. Whittenburg, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J. (11 pages)

            Eddie DeLong appeals from judgment and sentence entered upon his convictions for sexual abuse in the third degree as a habitual offender and supplying alcohol to a minor.  He asserts the district court abused its discretion in denying his motion to present testimony about the minor complainant’s prior sex life pursuant to Iowa Rule of Evidence 5.412.  He also challenges the habitual-offender colloquy and the fine imposed upon his conviction as a habitual offender.  OPINION HOLDS: We find no abuse of discretion in the court’s rape-shield ruling.  Accordingly, we affirm DeLong’s convictions.  But we reverse the habitual-offender judgment and remand for further proceedings because DeLong’s stipulation of prior offenses fell short of the requirements in State v. Harrington, 893 N.W.2d 36, 45–46 (Iowa 2017).  We need not reach the issue concerning the concededly erroneous fine as resentencing will be required. 

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