State v. Brotherton

SCHULTZ, Justice.

Defendant Earl Franklin Brotherton appeals his judgment and sentence entered upon a conviction of second-degree sexual abuse. Iowa Code § 709.3(2). He contends the trial court abused its discretion: (1) in ruling that the four-year-old complaining witness was competent to testify; (2) in allowing expert opinion testimony concerning whether a child would fantasize an incident of sexual abuse; and (3) in denying defendant’s motion for a mistrial. He also contends the court erred in admitting hearsay testimony. We affirm the trial court.

Defendant’s brother and sister-in-law…