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Case No. 19-0680

State of Iowa
v.
Gerald W. Miller

Appellee

State of Iowa

Appellant

Gerald W. Miller

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Attorneys for Appellant

Peter M. Sand

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0680
Date Published:
Dec 16, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Gerald Miller appeals his convictions for second-degree sexual abuse and assault with intent to commit sexual abuse causing bodily injury.  He argues he did not receive a fair trial because of an improper jury pool and alleges there was insufficient evidence he committed a sex act.  He also challenges his sentence.  OPINION HOLDS: Miller failed to provide an adequate basis to challenge whether the jury pool represented a fair cross-section of persons in the community, and substantial evidence established Miller’s commission of sexual abuse in the second degree, so we affirm his conviction.  The district court did not abuse its discretion with the sentence imposed.  For the reasons provided, we affirm Miller’s convictions, and sentences. 

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