State of Iowa
v.
Carlos Allen Hivento
Appellee
State of Iowa
Appellant
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:
Summary
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.
