State of Iowa
v.
Fred Valenzuela
Appellee
State of Iowa
Appellant
Fred Valenzuela
Attorney for the Appellee
Katherine Wenman, Assistant Attorney General
Attorney for the Appellant
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED. Considered by Greer, P.J., and Ahlers and Badding, JJ. Telleen, S.J., takes no part. Opinion by Greer, P.J. (5 pages)
A jury found Fred Valenzuela guilty of third-degree sexual abuse. On appeal, Valenzuela challenges the district court’s denial of his motion for new trial, arguing the court abused its discretion when it weighed the evidence because it relied on its sympathy for the complaining witness when determining credibility. OPINION HOLDS: Because the district court did not abuse its discretion, we affirm the denial of Valenzuela’s motion for new trial.
