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State of Iowa
v.
Gustavo Huerta
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:
Date Published:
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.