State v. Mitchell

LAVORATO, Justice.

The defendant, Russell Wendall Mitchell, appeals from his conviction and sentence of sexual abuse in the third degree. The jury convicted Mitchell of violating Iowa Code section 709.4(2)(e)(4) (1995). Under this provision a person commits sexual abuse in the third degree when (1) the person performs a sex act with another who is fourteen or fifteen years of age, (2) the person is five or more years older than the other participant, and (3) at the time the person and the other participant are not cohabiting as husband and wife.

Mitchell appeals on six grounds: (1) the district…