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STATE v. WEISS

No. 94-564.

528 N.W.2d 519 (1995)

STATE of Iowa, Appellee, v. Jeffrey M. WEISS, Appellant.

Supreme Court of Iowa.

March 29, 1995.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Mary Tabor, Asst. Atty. Gen., and Mary E. Richards, County Atty., for appellee.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

PER CURIAM.

Defendant, Jeffrey Weiss, appeals from his conviction of third-degree sexual abuse, in violation of Iowa Code section 709.4(1) (1993). He contends the phrase "under the influence of a drug inducing sleep" found in the statutory definition of sexual abuse, see § 709.1(1), and in the instructions submitted at his criminal trial, is ambiguous and required additional jury instruction. We affirm.

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