Opinion
No. 05-1869.
December 28, 2006.
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.
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.