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Case No. 18-0635

State of Iowa
Kevin Willie McGee, Jr.


State of Iowa


Kevin Willie McGee, Jr.

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Brenda J. Gohr, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 06, 2019

         Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (6 pages)

         A jury convicted Kevin McGee of third-degree sexual abuse and possession of a firearm as a felon.  The jury also made a conclusion sufficient for application of the minimum sentence contained in Iowa Code section 902.7 (2017)—that McGee represented he had a firearm at the time he committed the crime of sexual abuse.  On appeal, McGee challenges the sufficiency of the evidence as to the possession charge and the jury’s finding that he represented he had a firearm when he committed sexual abuse.  OPINION HOLDS: We conclude the evidence was sufficient.  We therefore affirm the denial of McGee’s motions for judgment of acquittal and, consequently, his convictions and sentences.

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