For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Earl Baugh III
Appellee
State of Iowa
Appellant
Earl Baugh III
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Maria Ruhtenberg, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Schumacher, J. (9 pages).
Earl Baugh III appeals his conviction for burglary in the first degree, arguing because the jury returned a general verdict, his conviction should be overturned if there is insufficient evidence to support any one of the three methods of committing first-degree burglary submitted to the jury. OPINION HOLDS: Although we find there is insufficient evidence to show Baugh engaged in a sex act with the victim, as the term “sex act” is statutorily defined, because the jury also found Baugh guilty of going armed with intent and assault causing bodily injury, we are able from the context of the entire case to determine the jury did not rely on a faulty alternative.