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Case No. 23-0449

State of Iowa
v.
Steven Eugene Kroll

Appellee

State of Iowa

Appellant

Steven Eugene Kroll

Attorney for the Appellee

Genevieve Reinkoester, Nicole L. Leonard, and Ian McConeghey, Assistant Attorneys General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0449
Date Published:
Oct 30, 2024
Summary

            Appeal from the Iowa District Court for Monona County, Tod Deck, Judge.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Greer, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J. (25 pages)

            A criminal defendant contests the exclusion of evidence under Iowa Rule of Evidence 5.412, asserts the district court erred in denying his request for a voluntary-participation instruction, challenges the sufficiency of the evidence for one offense, and claims the district court exceeded its authority in sentencing.  OPINION HOLDS: We find the district court did not abuse its discretion by excluding the evidence under rule 5.412 or in denying his requested instruction, and sufficient evidence supports the conviction of sexual exploitation of a minor.  We sever and vacate part of the sentence and remand for entry of a corrected sentencing order.

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