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IN THE COURT OF APPEALS OF IOWA No. 0-981 / 10-0787 Filed April 13, 2011

STATE OF IOWA, Plaintiff-Appellee, vs. JOHN COLLINS ANDERSON, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.

A defendant appeals his judgment and sentence for exploitation of a minor, contending there was insufficient evidence to support the district courts finding of guilt. AFFIRMED.

Michael O. Carpenter of Gaumer, Emanuel, Carpenter & Goldsmith, P.C., Ottumwa, for appellant. Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Allen Cook, County Attorney, and Patricia Notch, Assistant County Attorney, for appellee State.

Heard by Vaitheswaran, P.J., and Eisenhauer and Danilson, JJ. Tabor, J., takes no part.

2 VAITHESWARAN, P.J. John Collins Anderson appeals his judgment and sentence for exploitation of a minor. He contends there was insufficient evidence to support the district courts finding of guilt. I. Background Facts and Proceedings The Ottumwa Police Department executed a search warrant at Andersons home and seized a brochure containing several photographs of semi-nude children on a beach. The brochure advertised the sale of DVDs that included footage of naked or topless girls. The State charged Anderson with two counts of sexual exploitation of a minor. One count related to the brochure and a second count related to images found on Andersons computer. Anderson filed a motion to adjudicate law points on the count relating to the brochure. He asserted the brochure did not violate the statutory definition of exploitation of a minor because, in his view, it contained "mere nudity" rather than nudity "for the purpose of arousing or satisfying the sexual desires of a person who may view a depiction of the nude minor." See Iowa Code

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