State v. Phipps

HABHAB, Judge.

Defendant-appellant Walter James Phipps appeals his conviction by a jury of third-degree sexual abuse in violation of Iowa Code section 709.4(5) (1987).

The evidence presented at trial indicated that on or about May 30, 1987, the defendant placed his hand inside a fourteen-year-old boy’s jeans, but over the boy’s underwear. Defendant then rubbed the boy’s genitalia. While defendant was touching the boy, he placed the boy’s hand on the outside of defendant’s underwear and on defendant’s genitalia. The defendant ejaculated.

At the close of the State’s case and at the close of all…