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Case No. 21-1445

State of Iowa
Carlos Allen Hivento



State of Iowa


Carlos Allen Hivento

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Nan Jennisch, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 08, 2023

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Mullins, S.J.  Opinion by Mullins, S.J. (22 pages)

            Carlos Hivento appeals his convictions for third-degree sexual abuse, challenging the sufficiency of the evidence supporting those convictions.  Specifically, he argues the evidence was insufficient to support either of the dual alternative theories that the sex acts were done either: (1) by force or against the will of the other person or (2) while the other person was mentally incapacitated, physically incapacitated, or physically helpless.  In relation to his challenge, he also contests the constitutionality of Iowa Code section 814.28 (Supp. 2019) on general verdicts.  OPINION HOLDS: Finding each alternative is supported by substantial evidence, we affirm the convictions without addressing the constitutional challenge. 

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