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STATE v. ALBERTS

No. 04-1949.

722 N.W.2d 402 (2006)

STATE of Iowa, Appellee, v. Michael John ALBERTS, Appellant.

Supreme Court of Iowa.

October 6, 2006.

Attorney(s) appearing for the Case

Paul D. Miller of Miller Law Office, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, J. Patrick White, County Attorney, and Victoria Cole, Assistant County Attorney, for appellee.

STREIT, Justice.

Is skinny-dipping a form of sexual behavior? Michael John Alberts allegedly sexually assaulted R.M., his nephew's twenty-two-year-old girlfriend. Alberts was convicted of third-degree sexual abuse following a jury trial in Johnson County, Iowa. On appeal, Alberts alleged the prosecutor engaged in prosecutorial misconduct and complained numerous errors were made by the district court. Because we find the district court erred by failing to determine...

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