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Case No. 19-2083

State of Iowa
Jerry Wayne Evans Jr.


State of Iowa


Jerry Wayne Evans Jr.

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Priscilla E. Forsyth

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 16, 2020

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Jerry Wayne Evans Jr. appeals his convictions for three counts of sexual abuse in the third degree, contending the district court abused its discretion in admitting evidence of text messages extracted from the victim’s cell phone over his best-evidence objection.  He also argues the evidentiary ruling violated his due process rights under the U.S. Constitution and Iowa Constitution.  OPINION HOLDS: Finding no abuse of discretion in the court’s ruling on the admissibility of evidence, we affirm.  And we are unable to reach Evans’s constitutional claim because he did not preserve the issue for our review. 

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