STATE v. MITCHELL

No. 96-51.

568 N.W.2d 493 (1997)

STATE of Iowa, Appellee, v. Russell Wendall MITCHELL, Appellant.

Supreme Court of Iowa.

July 23, 1997.


Attorney(s) appearing for the Case

David A. Lemanski, Dubuque, for appellant.

Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Fred H. McCaw, County Attorney, and Christine O. Corken, Assistant County Attorney, for appellee.

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


LAVORATO, Justice.

The defendant, Russell Wendall Mitchell, appeals from his conviction and sentence of sexual abuse in the third degree. The jury convicted Mitchell of violating Iowa Code section 709.4(2)(c)(4) (1995). Under this provision a person commits sexual abuse in the third degree when (1) the person performs a sex act with another who is fourteen or fifteen years of age, (2) the person is five or more years older than the other participant, and (3) at the...

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