State of Iowa
v.
Austin Mario Garcia-Shoemaker
Appellee
State of Iowa
Appellant
Austin Mario Garcia-Shoemaker
Attorney for the Appellee
Anagha Dixit, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Tama County, Andrew Chappell, Judge. AFFIRMED. Considered by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (7 pages)
Austin Garcia-Shoemaker appeals his conviction for third-degree sexual abuse. He argues that the district court should have granted his motion for a new trial because the jury’s conclusion that any sex act with his cousin had been “by force or against the will” of his cousin was contrary to the weight of the evidence. OPINION HOLDS: The district court did not abuse its discretion in denying the motion and Garcia-Shoemaker has not shown that the weight of the evidence preponderates heavily against the guilty verdict. The testimony of the cousin, the DNA evidence on the clothing and bedding, and the medical examination all support the finding of guilt. We thus affirm the district court’s denial of Garcia-Shoemaker’s motion for a new trial.
