State v. Hopkins

DONIELSON, Judge.

Defendant was convicted by a jury of the crime of sexual abuse in the second degree, a violation of sections 709.1 and 709.3, The Code 1979. Defendant appeals contending that: (1) a photographic identification display was impermissibly suggestive; (2) the trial court should have instructed the jury on the lesser included offense of assault; and (3) an instruction on intent improperly distinguished between circumstantial and direct evidence. We affirm.

I

On December 10, 1979, Kimberly Parks was the victim of an alleged rape. She was with the assailant for four to five hours…