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STATE v. HARKINS

No. 07-1561.

786 N.W.2d 498 (2009)

STATE of Iowa, Plaintiff-Appellee, v. Robert Harry HARKINS, Defendant-Appellant.

Court of Appeals of Iowa.

July 22, 2009.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, Sterling L. Benz, County Attorney, and Lee W. Beine, Assistant County Attorney, for appellee.

Considered by MAHAN, P.J., and MILLER and POTTERFIELD, JJ.

MILLER, J.

Robert Harkins was convicted of third-degree sexual abuse and sentenced to ten years in prison and a special life sentence pursuant to Iowa Code section 903B.1 (Supp.2005). He appeals, contending that section 903B.1 is unconstitutional and asserts an ineffective-assistance-of-counsel claim. Because we find section 903B.1 is not unconstitutional and Harkins's counsel was not ineffective, we affirm.

I...

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