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STATE v. JOHNSON

No. 93-1556.

539 N.W.2d 160 (1995)

STATE of Iowa, Appellee, v. Roy Harold JOHNSON, Appellant.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Guy P. Booth, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, Denver D. Dillard, County Attorney, and Russell G. Keast, Assistant County Attorney, for appellee.

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

McGIVERIN, Chief Justice.

In this further review case, the defendant, Roy Harold Johnson, convicted of indecent contact with a child, argues the district court erred in admitting during the State's rebuttal case the alleged victim's videotaped statement as a prior consistent statement under Iowa rule of evidence 801(d)(1)(B). We agree and, therefore, vacate the court of appeals decision, reverse the district court judgment and remand for a new trial.

I.

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