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STATE v. MITCHELL

No. 88-1464.

450 N.W.2d 828 (1990)

STATE of Iowa, Appellee, v. Louis F. MITCHELL, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 16, 1990.

Attorney(s) appearing for the Case

Raymond E. Rogers, State Appellate Defender, and Shari Barron, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., James J. Koll, County Atty., and Robert Hansen, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN and ANDREASEN, JJ.

NEUMAN, Justice.

Defendant Louis Mitchell was charged with first-degree kidnapping for the alleged abduction and sexual abuse of a young woman from Denison, Iowa. Following a bench trial, the court concluded that the abduction was merely incidental to the crime of sexual abuse. Thus, Mitchell was convicted of second-degree sexual abuse and sentenced to a term of imprisonment not to exceed twenty-five years. See Iowa Code §§ 709.3(3) and 902.9(1) ...

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