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IN THE COURT OF APPEALS OF IOWA No. 7-815 / 06-0568 Filed December 28, 2007

STATE OF IOWA, Plaintiff-Appellant, vs. DENNIS RAY HOUSE, Defendant-Appellant.

Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge.

Defendant appeals his conviction for invasion of privacy, in violation of Iowa Code section 709.21 (2005). REVERSED.

Mark C. Smith, State Appellate Defender, and Dennis D. Hendrickson and Theresa Wilson, Assistant Appellate Defenders, for appellant. Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, John P. Sarcone, County Attorney, and Frank Severino, Assistant County Attorney, for appellee.

Heard by Huitink, P.J., and Vogel, J., and Robinson, S.J.* * Senior Judge assigned by order pursuant to Iowa Code section 602.9206 (2007).

2 VOGEL, J. I. Background Facts & Proceedings

On July 19, 2005, an off-duty deputy sheriff, Lance Kooiker, was in a Super Target store in Urbandale, Iowa. Deputy Kooiker observed Dennis House extend his hand underneath the skort of a thirteen-year-old girl, E.R. 1 Deputy Kooiker then saw House place something inside his pants. Deputy Kooiker

contacted store security, and House was taken to the security office. After a patdown search a mirror was found in House's pants. House was charged with invasion of privacy, in violation of Iowa Code section 709.21 (2005). The State alleged House used the mirror to look

underneath E.R.'s skort. E.R. testified she never saw House, did not know he had looked under her skort with a mirror, and did not give him permission to look under her skort. There was no investigation at the time as to what House could have seen with his mirror. House was convicted of invasion of privacy, an aggravated misdemeanor. As he had two previous convictions for indecent exposure, he was subject to a sentencing enhancement under sections 901A.1 and 901A.2. House was

sentenced to a term of imprisonment not to exceed ten years, which may not be reduced by more than fifteen percent. Iowa Code

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