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:
Date Published:
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.