State v. Brown

REYNOLDSON, Chief Justice.

The controlling issue in this case is whether trial court should have admitted into evidence a police officer’s description of defendant’s picture identification by a five-year-old sexual abuse victim who was unavailable as a witness. Defendant, appealing following his conviction of second-degree sexual abuse (a violation of Iowa Code sections 709.1(3) and 709.3(2)), asserts this was hearsay and reversible error. Agreeing, we reverse and remand for new trial.

There was adequate evidence to support the jury’s verdict that defendant committed a sexual assault on the…