Opinion
No. 12–2265.
2014-01-9
STATE of Iowa, Plaintiff–Appellee, v. Anthony MAIN, Defendant–Appellant.
In evaluating evidence sufficient to prove an element of a crime, our supreme court has said the evidence must “raise a fair inference of guilt and do more than create speculation, suspicion, or conjecture.” State v. Hamilton, 309 N.W.2d 471, 479 (Iowa 1981). The evidence surrounding this assault creates a suspicion of intent to commit sexual abuse, but it does not raise a fair inference of specific intent. I would reverse and remand for entry of judgment on the lesser-included offense of assault. See State v. Pace, 602 N.W.2d 764, 774 (Iowa 1999).