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IN THE COURT OF APPEALS OF IOWA No. 0-845 / 10-0380 Filed December 22, 2010

STATE OF IOWA, Plaintiff-Appellee, vs. RICHARD BYRON KORSCHGEN, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Lee County, Mary Ann Brown, Judge.

Defendant challenges the sufficiency of the evidence to sustain seconddegree sexual abuse conviction. AFFIRMED.

Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Michael P. Short, County Attorney, and Bruce McDonald, Assistant County Attorney, for appellee.

Considered by Eisenhauer, P.J., and Potterfield and Doyle, JJ. Tabor, J., takes no part.

2 POTTERFIELD, J. Richard Korschgen appeals from judgment and sentence imposed upon his conviction of sexual abuse in the second degree in violation of Iowa Code sections 709.1(3) and 709.3(2) (2007), contending the district court erred in denying his motion for new trial on grounds the verdict was not supported by the evidence. After careful review of the record, we affirm without opinion pursuant to Iowa Rule of Appellate Procedure 6.1203(a), (b), and (d). AFFIRMED.



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