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State of Iowa
v.
Victor Emanuel Hasvold
Appellee
State of Iowa
Appellant
Victor Emanuel Hasvold
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Winneshiek County, Richard D. Stochl, Judge. AFFIRMED ON CONDITION and remanded WITH DIRECTIONS. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (10 pages)
Victor Hasvold appeals his conviction and sentence for indecent exposure. OPINION HOLDS: We find that the district court did not err in the supplemental jury instructions and that the verdict is supported by sufficient evidence. We conditionally affirm Hasvold’s conviction. But because we determine that the court failed to apply the proper standard to Hasvold’s weight-of-the-evidence claim and that Hasvold did not properly waive his right to be present at sentencing, we remand for a hearing on Hasvold’s motion for a new trial using the proper standard. In the event the motion for new trial is denied, we remand for resentencing.
