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IN THE COURT OF APPEALS OF IOWA No. 7-828 / 06-1496 Filed December 28, 2007 STATE OF IOWA, Plaintiff-Appellee, vs. THOMAS RAY DAVIS, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.

Thomas Ray Davis appeals his conviction and sentence for third-degree sexual abuse. AFFIRMED.

Mark C. Smith, State Appellate Defender, and David Adams, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, John P. Sarcone, County Attorney, and Michael Hunter, Assistant County Attorney.

Considered by Huitink, P.J., and Miller and Eisenhauer, JJ.

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EISENHAUER, J. This is an appeal by defendant Thomas Ray Davis (Davis) from the judgment and sentence imposed upon his conviction of four counts of sexual abuse in the third degree, in violation of Iowa Code sections 709.1 and 709.4(2)(c)(4) (2005), with sentence enhancement under Iowa Code section 901A.2(3). We affirm. I. BACKGROUND FACTS AND PROCEEDINGS. Davis, the stepfather of A.D, sexually abused her when she was nine years old. The offense involved sexual touching, however, he did not have

sexual intercourse with her. Davis pled guilty to lascivious acts with a child and enrolled in the Intra-Family Sexual Abuse Program. Davis was later allowed to have supervised visitation with A.D., which eventually became unsupervised. The abuse at issue here occurred when A.D. was fourteen and included sexual intercourse. It was discovered when A.D., afraid she might become pregnant, talked to her mother about birth control. The State filed a motion to determine the admissibility of the prior sexual abuse of A.D. by Davis and Davis filed a motion in limine to exclude the evidence. In ruling on the motions, the district court noted: "Iowa has long

recognized the rule allowing evidence of prior acts of sexual abuse involving the same victim." The court concluded the evidence was admissible under both the Iowa Rules of Evidence and the newly-enacted Iowa Code section involving prior sexual abuse. See Iowa Code

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