State v. Willet

McGIVERIN, Justice.

Defendant Harlan Hall Willet, Jr., appeals from his conviction for third-degree sexual abuse in violation of section 709.4(1), The Code 1979. We reverse the conviction and remand for a new trial because there was a prejudicial variance between the crime charged and the basis on which defendant was convicted by the court.

The county attorney by information charged defendant with third-degree sexual abuse and specifically alleged that Willet committed “sex acts with a fifteen-year-old boy against his will in violation of section 709.4(1) of the Iowa Criminal Code.” Willet…