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STATE v. ZACARIAS

No. 19-0838.

958 N.W.2d 573 (2021)

STATE of Iowa, Appellee, v. Zachary Tyler ZACARIAS, Appellant.

Supreme Court of Iowa.

Filed April 23, 2021.

Attorney(s) appearing for the Case

Andrew Dunn and Jessica Donels of Parrish Kruidenier Dunn Gentry Brown Bergmann & Messamer L.L.P., for appellant.

Thomas J. Miller , Attorney General, Louis S. Sloven , Assistant Attorney General, John P. Sarcone , County Attorney, and Nan Horvat and Michael Salvner , Assistant County Attorneys, for appellee.

Christensen, C.J., delivered the opinion of the court, in which Waterman, Mansfield, and McDermott, JJ., joined. McDonald, J., filed a special concurrence in which Appel and Oxley, JJ., joined.

The defendant appeals his conviction by a jury for assault "us[ing] any object to penetrate the genitalia or anus of another person" in violation of Iowa Code section 708.2(5) (2017) after he penetrated the victim's vagina with his finger while the victim was unconscious. On...

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