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Case No. 19-0912

State of Iowa
v.
David E. Williams

Appellee

State of Iowa

Appellant

David E. Williams

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Ashley Stewart, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0912
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Doyle, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (11 pages)

            David Williams appeals his convictions of first-degree sexual abuse, third-degree sexual abuse, and incest.  As to all three convictions, Williams argues the district court allowed the State to elicit impermissible vouching testimony from two professionals who interviewed the alleged victim.  He also challenges the sufficiency of the evidence supporting the serious injury element of his conviction of first-degree sexual abuse.  Finally, Williams argues the court erred in failing to merge his dual convictions of sexual abuse.  OPINION HOLDS: We find no abuse of discretion on Williams’s claim the court allowed impermissible vouching testimony.  We find the evidence sufficient to support the serious injury element of first-degree sexual abuse.  We conclude merger of the sexual-abuse convictions is not required.  We affirm.

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