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Case No. 18-0989

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:
18-0989
Date Published:
Jul 24, 2019
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.

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