Des Moines, IA (KICD)--The Iowa Court of Appeals has affirmed the conviction of a Spencer man convicted of three counts of prostitution and two counts of dissemination of obscene material to a minor.

73-year-old Donald Zieman asserted in his appeal that the district court abused its discretion in permitting the introduction of prior acts evidence; his counsel rendered ineffective assistance in a number of ways; the district court erred in failing to grant his motion for judgment of acquittal and abused its discretion in failing to grant his motion to sever the charges.

The Court of Appeals noted no specific objection to review because the prior acts evidence came in after an unreported discussion with the court. They also noted the evidence was more probative than prejudicial and was needed to clarify confusion in the testimony created on cross-examination under the doctrine of curative admissibility and Iowa Rule of Evidence. They preserved Zieman’s ineffective-assistance-of-counsel claims for possible post conviction relief proceedings. The opinion states that sufficient evidence supports Zieman’s convictions, and because each charge carried a common scheme or plan, the district court did not abuse its discretion in denying Zieman’s motion to sever the charges.

In a dissenting opinion, Judge Amanda Potterfield disagreed with majority's opinion on the issue of sufficient evidence to support the two convictions for dissemination of obscene material. She said Zieman was charged and convicted of showing two recordings to then seventeen-year old on two separate occasions. She says the State neither offered nor admitted either recording into evidence.

Zieman has already served 75 days in jail and also received an 8-year suspended prison term.