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DES MOINES, IOWA (AP) -- The Iowa Court of Appeals has dismissed a sex abuse charge against a man accused of fondling a 9-year-old girl.

Jose Topete-Duenas was convicted of second-degree sexual abuse in Sioux County, but the court of appeals ruled Wednesday there was not enough evidence to support the conviction.

The girl testified that Topete-Duenas put his hand inside her shorts and underwear when she was at his house to play with his son in September 2007, but other testimony raised questions about whether Topete-Duenas was home at the time.

The appeals court also ruled that even if evidence showed Topete-Duenas put his hand under the girl's shorts and underwear, it does not establish sexual contact occurred.

Telephone messages left Wednesday for attorneys in the case were not immediately returned.

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