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State v. Robinson

Court of Appeals of Iowa

January 23, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
SCOTT ROBERT ROBINSON, Defendant-Appellant

Editorial Note:

This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.

Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. A defendant appeals his judgment and sentence for first-degree kidnapping, contending (1) the evidence was insufficient to support the jury's finding of guilt, (2) certain evidentiary rulings were incorrect, (3) a jury instruction was incorrect, (4) the trial information did not provide adequate notice of the crime, and (5) he was entitled to barrier-free access to his attorney during pretrial detention.

Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant Attorney General, Ralph Potter, County Attorney, and Christine O. Corken, Assistant County Attorney, for appellee.

Considered by Danilson, C.J., and Vaitheswaran and Doyle, JJ.

OPINION

VAITHESWARAN, J.

Scott Robinson appeals his judgment and sentence for first-degree kidnapping in connection with the sexual assault of a woman. He contends (1) the evidence was insufficient to support the jury's finding of guilt, (2) certain evidentiary rulings were incorrect, (3) a jury instruction was incorrect, (4) the trial information did not provide adequate notice of the crime, and (5) he was entitled to barrier-free access to his attorney during pretrial detention.

I. Sufficiency of the Evidence

The jury was instructed that the State would have to prove the following elements of first-degree kidnapping:

1. On or about the 8th day of October, 2011, the defendant Scott Robinson confined [a woman].
2. The defendant did so with the specific intent to subject [the woman] to sexual abuse. The term " sexual abuse" is as set out in Instruction No. 20, and for purposes of this element may consist of Sexual Abuse in the Second or Third Degree.
3. The defendant knew he did not have the consent of [the woman] to do so.
4. As a result of the confinement [the woman] was sexually abused. The term " sexually abused " is as set out in Instruction No. 20, and for purposes of this element may consist of Sexual Abuse in the Second or Third Degree.

See Iowa Code § 710.1 (2007). The jury was further instructed on the meaning of the term " confined" :

Concerning element number 1 of Instruction Nos. 19 and 21, confinement requires more than what is included in the commission of the crime of sexual abuse.
A person is " confined" when her freedom to move about is substantially restricted by force, threat or deception. The person may be confined either in the place where the restriction began or ...

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