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State of Iowa
v.
Zachary James Lindauer
Appellee
State of Iowa
Appellant
Zachary James Lindauer
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Ronald W. Kepford
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (10 pages)
Zachary Lindauer appeals from his conviction for sexual abuse in the third degree. He argues the district court erred in denying his request to admit the deposition testimony of a witness who failed to show up at trial because the witness was unavailable under Iowa Rule of Evidence 5.804. OPINION HOLDS: Even if the witness was unavailable, the district court’s denial of the admission of the irrelevant evidence was not improper. Alternatively, if the district court erred in denying Lindauer’s request, any error was harmless. We affirm Lindauer’s conviction.
