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Case No. 19-0733

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

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0733
Date Published:
Nov 30, 2020
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.

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