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State of Iowa
v.
Darin Earl Peterson
Appellee
State of Iowa
Appellant
Darin Earl Peterson
Attorney for the Appellee
Aaron Rogers, Assistant Attorney General
Attorney for the Appellant
Alfredo Parrish
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Tabor, P.J. (7 pages)
Darin Peterson appeals his two convictions for second-degree sexual abuse. He raises four claims: (1) he contends the court improperly instructed the jury on the intent element of the offenses; (2) he asserts counsel was ineffective for failing to object to the erroneous instruction; (3) he accuses the State of failing to disclose evidence favorable to him; and (4) he argues that prosecutorial misconduct denied him a fair trial. OPINION HOLDS: We find that the instruction did not prejudice Peterson and we lack authority to hear the ineffective-assistance claim. For the third and fourth claims, Peterson failed to preserve error. So, we affirm the convictions.
