State of Iowa v. Carlos Enrique Garcia Carrera
16-1748
| Iowa Ct. App. | Aug 2, 2017Background
- On April 11, 2015, eleven-year-old J.K., her friend A.N., and the defendant’s daughter were at Carlos Garcia Carrera’s house for a sleepover; the defendant took the children to a park.
- At the park, after J.K. slid down an enclosed slide and collided with Garcia Carrera, he put his hand under J.K.’s shirt and bra, made skin-to-skin contact with her breast, ran his hand slowly back and forth, and ‘‘French kissed’’ her cheek.
- J.K. cried, climbed back up the slide, and later disclosed the touching to A.N.; A.N.’s mother informed J.K.’s parents and police were notified.
- J.K. also testified to prior inappropriate touching and grooming-type conduct by Garcia Carrera at his home.
- Garcia Carrera voluntarily went to the police station to give a statement; he was charged July 12, 2015 with indecent contact with a child, pled not guilty, and waived jury and speedy-trial rights; a bench trial followed.
- The district court found J.K.’s testimony credible, the defendant’s not credible, and convicted Garcia Carrera of indecent contact with a child; he appealed arguing insufficiency and that the verdict was contrary to the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether evidence proved intentional fondling to arouse or satisfy sexual desires | State: testimony and circumstances (hand under clothing, skin-to-skin contact, slow deliberate motion, prior similar acts, defendant’s nervous pacing) establish guilt beyond a reasonable doubt | Garcia Carrera: contact was accidental while extricating himself from the slide | Affirmed — evidence was sufficient when viewed in State’s favor |
| Weight of evidence: whether verdict was a miscarriage of justice | State: testimony credible; no exceptional circumstances warranting new trial | Garcia Carrera: evidence favors innocence; verdict contrary to weight | Affirmed — trial court’s credibility findings reasonable; no miscarriage of justice |
Key Cases Cited
- State v. Thomas, 847 N.W.2d 438 (Iowa 2014) (standard for reviewing sufficiency of evidence)
- State v. Sanford, 814 N.W.2d 611 (Iowa 2012) (sufficiency review principles)
- State v. Atley, 564 N.W.2d 817 (Iowa 1997) (standard for review of claims that verdict is contrary to weight of evidence)
- State v. Adney, 639 N.W.2d 246 (Iowa Ct. App. 2001) (new-trial standard where verdict contrary to weight may indicate miscarriage of justice)
- State v. Ary, 877 N.W.2d 686 (Iowa 2016) (new trials should be granted only in exceptional circumstances)