State of Iowa
v.
Carlos Augusto Ramirez Lopez
Appellee
State of Iowa
Appellant
Carlos Augusto Ramirez Lopez
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Trey Sucher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J. Opinion by Blane, S.J. (9 pages)
Defendant appeals the jury’s guilty verdict and the trial court’s denial of his motion for new trial based on his claim the complaining witness’s recantation of the allegation of sexual abuse at trial constitutes the greater weight of the evidence against his conviction. OPINION HOLDS: The jury heard all of the evidence and determined the credibility of the witnesses regarding the recantation. The trial court did not abuse its discretion in denying the defendant’s motion for new trial.