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STATE v. GONZALEZ

No. 05-1197.

718 N.W.2d 304 (2006)

STATE of Iowa, Appellant, v. Gaspar Fidel GONZALEZ, Jr., Appellee.

Supreme Court of Iowa.

July 21, 2006.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, J. Patrick White, County Attorney, and Anne M. Lahey, Assistant County Attorney, for appellant.

David E. Brown of Hayek, Hayek, Brown, Moreland & Hayek, L.L.P., Iowa City, for appellee.

WIGGINS, Justice.

In this appeal, we must determine whether the district court correctly granted the defendant's motion to dismiss the trial information charging the defendant with sexual exploitation by a counselor or therapist. In its ruling, the district court found the defendant's conduct while working as a psychiatric nursing assistant did not fall within the scope of Iowa Code section 709.15 (Supp.2003). Because we find the facts alleged by the State in the...

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