State of Iowa
v.
Fabian Ivan Garcia
Appellee
State of Iowa
Appellant
Fabian Ivan Garcia
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Michael H. Johnson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
20-0227
Date Published:
Jan 21, 2021
Summary
Appeal from the Iowa District Court for Clay County, Charles Borth, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (9 pages)
Fabian Garcia appeals his convictions for sexual abuse in the second degree, lascivious acts with a child, and incest. OPINION HOLDS: We find the child’s recorded interview is admissible under the residual hearsay exception, the child’s testimony is sufficient evidence to support Garcia’s conviction on all counts, and the court did not abuse its discretion in denying Garcia’s request for review of the child’s mental-health records. Therefore, we affirm.