State of Iowa
v.
Clinton Travis Sauvain
Appellee
State of Iowa
Appellant
Clinton Travis Sauvain
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Drew H. Kouris
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (16 pages)
Clinton Sauvain appeals his convictions for one count of second-degree sexual abuse and two counts of third-degree sexual abuse. He contends the State committed a Brady violation by failing to disclose exculpatory evidence; the district court erred by not giving a spoliation instruction on that evidence; and the prosecutor engaged in misconduct. He also argues the court abused its discretion by refusing to disclose the victim’s entire mental-health treatment record and by imposing consecutive sentences for his convictions. OPINION HOLDS: Finding no Brady violation, instructional error, or prosecutorial misconduct, we affirm his convictions. We also find the district court did not err in releasing only two pages of the mental-health treatment records. And because the court did not abuse its discretion in imposing consecutive sentences, we affirm his sentences.
