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STATE v. WRIGHT

No. 08-1610.

772 N.W.2d 774 (2009)

STATE of Iowa, Plaintiff-Appellee, v. Phelippe Lamar WRIGHT, Defendant-Appellant.

Court of Appeals of Iowa.

July 22, 2009.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Mary Tabor and Sheryl A. Soich, Assistant Attorneys General, Harold L. Denton, County Attorney, and Nicholas Maybanks, Assistant County Attorney, for appellant.

Mark C. Smith, State Appellate Defender, David Arthur Adams, Assistant Appellate Defender, and Erin K. Grundy, student intern, for appellee.

Considered by SACKETT, C.J., and EISENHAUER and DOYLE, JJ.

DOYLE, J.

The State appeals from a district court ruling granting Phelippe Wright a new trial following his conviction for second-degree sexual abuse in violation of Iowa Code section 709.3(2) (2001). We affirm the judgment of the district court.

I. Background Facts and Proceedings.

In 1996, when Wright was twelve years old, he and his four-year-old sister, R.W., moved into the home of Marian Carter. Carter had several children of her own...

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