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State of Iowa
v.
Terry Schoby
Appellee
State of Iowa
Appellant
Terry Schoby
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Attorney for the Appellant
Jack Bjornstad
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
Terry Schoby challenges his conviction for sexual abuse in the third degree. Schoby asserts he is entitled to a new trial based on a claimed instructional error. OPINION HOLDS: We find no error in the district court’s instructions to the jury, so we reject Schoby’s request for a new trial on that basis. As there was no error in the instructions, we likewise reject Schoby’s due process claim based on instructional error.