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State of Iowa
v.
Onterier Brown
Appellee
State of Iowa
Appellant
Onterier Brown
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Attorney for the Appellant
Shellie L. Knipfer, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David M. Porter, Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Danilson, C.J. (4 pages)
Onterier Brown appeals from convictions and sentences imposed after a jury found him guilty of three counts of sexual abuse in the third degree and one count of incest. He challenges an evidentiary ruling and the sufficiency of the evidence. OPINION HOLDS: The district court engaged in the appropriate balancing test, determined the evidence of other sex acts was relevant to the issue of consent and to the relationship of the defendant to the complainant, and was not unfairly prejudicial. We find no abuse of discretion. There was substantial evidence from which the jury could find the sex acts were done “against the will” of the complainant.
