STATE v. PHIPPS

No. 88-83.

442 N.W.2d 611 (1989)

STATE of Iowa, Plaintiff-Appellee, v. Walter James PHIPPS, Defendant-Appellant.

Court of Appeals of Iowa.

April 25, 1989.


Attorney(s) appearing for the Case

William J. Bribriesco of Bribriesco & Bribriesco, Bettendorf, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Sheryl A. Soich, Asst. Atty. Gen., and James L. Ottesen, Asst. Scott County Atty., for plaintiff-appellee.

Heard by SCHLEGEL, P.J., and SACKETT and HABHAB, JJ.


HABHAB, Judge.

Defendant-appellant Walter James Phipps appeals his conviction by a jury of third-degree sexual abuse in violation of Iowa Code section 709.4(5) (1987).

The evidence presented at trial indicated that on or about May 30, 1987, the defendant placed his hand inside a fourteen-year-old boy's jeans, but over the boy's underwear. Defendant then rubbed the boy's genitalia. While defendant was touching the boy, he placed the boy's hand on the outside...

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