State of Iowa
v.
Francisco Javier Lopez-Escoto, Jr.
Appellee
State of Iowa
Appellant
Francisco Javier Lopez-Escoto, Jr.
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Pamela Wingert
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Osceola County, Shayne Mayer, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ. Opinion by Ahlers, P.J. (12 pages)
A jury found Francisco Javier Lopez Escoto Jr. guilty of second-degree sexual abuse. On appeal, he argues (1) the evidence was insufficient to support the conviction; (2) the district court abused its discretion in denying his motion for a new trial based on an alleged error on the verdict form; and (3) the exclusion of certain evidence violated his constitutional right to present a defense. OPINION HOLDS: Substantial evidence supports Lopez Escoto’s conviction for second-degree sexual abuse. The district court did not abuse its discretion in denying his motion for a new trial based on the verdict form. Nor did the court abuse its discretion or violate his constitutional right by excluding evidence that third parties had access to the child. Accordingly, we affirm.
