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State v. Bush

Court of Appeals of Iowa

May 2, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
ADAM LUCAS BUSH, Defendant-Appellant.

          Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.

         Defendant appeals his conviction for indecent exposure.

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

          Thomas J. Miller, Attorney General, and Sheryl A. Soich, Assistant Attorney General, for appellee.

          Considered by Doyle, P.J., Bower, J., and Blane, S.J. [*]

          BOWER, Judge.

         Adam Bush appeals his conviction for indecent exposure. We find his conviction is supported by substantial evidence and affirm his conviction.

         On January 31, 2016, Christopher Heck and a friend were walking into the Old Capitol Mall in Iowa City, when Heck saw a man, later identified as Bush, "with his penis out, with his hand on his penis." As Heck walked by he made eye contact with Bush, who covered himself with his jacket. Once Heck was inside the mall, he looked back and saw Bush had again exposed his penis and had his hand on it. Heck testified he believed Bush was stroking himself. Heck stated, "I was offended by it, and I got a bad vibe from it."

         Heck called the police. When officers arrived, Bush was attempting to leave on a bicycle. The officers noticed the zipper on Bush's pants was open. The officers obtained a video recording of the incident from the mall security system.

         Bush was charged with indecent exposure, in violation of Iowa Code section 709.9 (2016), a serious misdemeanor. The trial information also noted Bush would be subject to enhanced sentencing under section 901A.2(2) because he had two previous convictions for indecent exposure. Bush was found guilty by a jury and he admitted his previous convictions. He was sentenced to a term of imprisonment not to exceed ten years. Bush now appeals his conviction.

         Bush was convicted under section 709.9, which provides,

A person who exposes the person's genitals or pubes to another not the person's spouse or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor if:
1. The person does so to arouse or satisfy the sexual desires of ...

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