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Case No. 19-0863

State of Iowa
James Edward Brice


State of Iowa


James Edward Brice

Attorney for the Appellee

Richard Bennett, Assistant Attorney General

Attorney for the Appellant

Edward S. Fishman

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 17, 2020

            Appeal from the Iowa District Court for Polk County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  Dissent by Tabor, P.J.  (17 pages)

            James Brice appeals his conviction of indecent exposure.  He challenges the sufficiency of the evidence supporting his conviction and argues his trial counsel was ineffective in various respects.  OPINION HOLDS: We conclude Brice’s conviction is supported by substantial evidence and counsel was not ineffective as alleged.  We affirm Brice’s conviction of indecent exposure.  DISSENT ASSERTS: I would find substantial evidence does not support the verdict because the State did not produce sufficient evidence to satisfy the offensiveness element of the indecent exposure charge.

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