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Case No. 20-0492

State of Iowa
v.
John Berwanger

Appellee

State of Iowa

Appellant

John Berwanger

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Anne K. Wilson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0492
Date Published:
Jun 16, 2021
Summary

Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

John Berwanger was convicted of second-degree sexual abuse.  He appeals the conviction, citing several issues.  First, he maintains there was insufficient evidence to support the conviction.  Next, he raises errors in the submission of a jury instruction defining “sex acts.”  Berwanger also asserts the district court erred by allowing the State to amend the trial information after both parties rested.  And as a final issue, he raises ineffective assistance of counsel.  OPINION HOLDS: We affirm his conviction and preserve his ineffective-assistance-of-counsel claim.

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