State of Iowa
v.
Rickie Blaine Withers, Sr.
Appellee
State of Iowa
Appellant
Rickie Blaine Withers, Sr.
Attorney for the Appellee
Katherine Wenman (argued), Assistant Attorney General
Attorney for the Appellant
Leah Patton (argued)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt and Rustin Davenport, Judges. AFFIRMED. Heard at oral argument by Tabor, C.J., and Schumacher, Chicchelly, Langholz, and Sandy, JJ. Opinion by Schumacher, J. Dissent by Sandy, J. (25 pages)
Rickie Withers Sr. appeals his convictions and sentences for four counts of second-degree sexual abuse and three counts of third-degree sexual abuse. Withers challenges the district court’s decision to allow the guardian ad litem to sit next to a child witness during the child’s testimony; claims the court abused its discretion by denying his motion to continue when the prosecutor “provided late notice of additional witnesses and evidence”; and argues the court abused its discretion by imposing consecutive sentences without giving appropriate consideration to “his age and medical conditions.” OPINION HOLDS: Upon our review of the claims properly before us, we affirm Withers’ convictions and sentences. DISSENT ASSERTS: I would hold the district court abused its discretion by denying Withers’ motion to continue trial and prejudiced him. I therefore respectfully dissent.
