State of Iowa
v.
James Kerkula Horace Jr.
Appellee
State of Iowa
Appellant
James Kerkula Horace Jr.
Attorney for the Appellee
Aaron Rogers, Assistant Attorney General
Attorney for the Appellant
Austin Jungblut
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., Buller, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (9 pages)
James Horace Jr. appeals his conviction for second-degree sexual abuse, challenging the sufficiency of the evidence. He argues the record fails to support the district court’s finding that the abuse took place in Black Hawk County. He also challenges the court’s decision to credit the victim’s version of events. OPINION HOLDS: Even if venue were an essential element of Horace’s crime, we would find the State met its burden to establish the offense occurred in Black Hawk County. Furthermore, because it was the district court’s prerogative to credit the victim’s testimony over Horace’s, we find substantial evidence supports the verdict. We therefore affirm Horace’s conviction.
