State v. Allen

McCORMICK, Justice.

Defendant Michael David Allen waived jury trial and was tried to the court on a charge of sexual abuse in the third degree under section 709.4(4), The Code. The trial court acquitted him of that charge but found him guilty of indecent exposure under section 709.9. The acquittal was based on a finding that the language specifying the requisite relationship between the offender and victim in section 709.4(4) infringes due process under U.S.Const. amend. XIV on the ground of vagueness. The conviction was based on a finding that defendant was guilty of “the lesser included…