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Case No. 20-0164

State of Iowa
v.
Clinton Travis Sauvain

Appellee

State of Iowa

Appellant

Clinton Travis Sauvain

Attorneys for Appellee

Darrel Mullins, Assistant Attorney General

Attorneys for Appellant

Drew H. Kouris

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0164
Date Published:
Mar 03, 2021
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. 

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