STATE OF IOWA, Plaintiff-Appellee, vs. STEWART FRANKLIN SCHUMAN, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 6-905 / 05-1869
Filed December 28, 2006
STATE OF IOWA,
Plaintiff-Appellee,
vs.
STEWART FRANKLIN SCHUMAN,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Story County, Timothy J. Finn,
Judge.
Stewart Schuman appeals his judgment and sentence for third-degree
sexual abuse. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Dennis D. Hendrickson,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney
General, Stephen Holmes, County Attorney, and Mary Howell Sirna, Assistant
County Attorney, for appellee.
Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.
2
VAITHESWARAN, J.
In a trial to the bench, a district court found Stewart Schuman guilty of
third-degree sexual abuse.
Iowa Code §§ 709.1, 709.4 (2001).
On appeal,
Schuman raises a single issue: whether sufficient evidence existed to support
the court’s findings of guilt.
The district court made detailed fact-findings supported by credibility
determinations.
More than substantial evidence supports those fact-findings.
State v. Keeton, 710 N.W.2d 531, 532 (Iowa 2006) (setting forth standard of
review). The court also explicitly discounted several pieces of evidence on which
Schuman now relies to support his contention that the evidence was not
sufficient.
The court, as fact-finder, was free to weigh the evidence in this
fashion. Id. at 535.
Having found sufficient evidence to support the district court’s finding of
guilt, we affirm Schuman’s judgment and sentence for third-degree sexual abuse.
AFFIRMED.
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