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Case No. 22-1804

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Gustavo Huerta

County:
Dubuque

Appellee

State of Iowa

Appellant

Gustavo Huerta

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Attorney for the Appellant

Ella M. Newell, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1804
Date Published:
Feb 07, 2024
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (11 pages)

            Gustavo Huerta appeals his convictions and sentences after a jury found him guilty of sexual exploitation of a minor and enticing a minor.  OPINION HOLDS: I. Substantial evidence supports the finding that Huerta exchanged messages with a person under the age of sixteen, supporting his conviction for enticing a minor.  Substantial evidence also supports a finding that Huerta caused or attempted to cause a minor to engage in the display of nudity, supporting his conviction for sexual exploitation of a minor.  Because substantial evidence supports his sexual-exploitation conviction under both theories alleged by the State, we do not address Huerta’s constitutional challenge to Iowa Code section 814.28 (2020).  II. The district court exercised its discretion in sentencing Huerta to consecutive sentences.

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