State v. Whitfield

HARRIS, Justice.

Defendant was tried before a jury and convicted of kidnapping in the first degree in violation of section 710.2, The Code 1979, and of sexual abuse in the second degree in violation of section 709.3, The Code 1979. On his appeal we find two of his three assignments of error to be without merit. We affirm in part and reverse in part.

While playing in a park the victim, a mildly retarded thirteen year old girl, was picked up by the defendant and several others. Defendant is an adult male. Over a competency objection the victim described being taken to a residence home where she…