State v. Canal, 773 N.W.2d 528 (Iowa 2009). · Go Syfert
State v. Canal, 773 N.W.2d 528 (Iowa 2009). Cases Citing This Book View Copy Cite
101 citation events (101 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Iowa v. Brian Todd Thompson (iowa, 2026-05-22)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Iowa v. Brian Todd Thompson (2×)
Iowa · 2026 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
although the court could have phrased the instruction to say as the defendant requested, 'mere nudity does not constitute obscenity,' canal's trial counsel did not provide ineffective assistance because of his failure to object to the generally accurate instructions.
discussed Cited as authority (verbatim quote) State of Iowa v. Michael Raymond Russell
Iowa Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Yahye Sallahadin
Iowa Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record 4 for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Jordan McKim Crawford (2×) also: Cited "see"
Iowa · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Jennifer Katherine Bean (2×) also: Cited "see"
Iowa Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Steve Armsted
Iowa Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Deondra Thomas
Iowa Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Robert Paul Mahoney
Iowa Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
canal did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (verbatim quote) State of Iowa v. Michael David Dawson
Iowa Ct. App. · 2019 · signal: accord · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (quoted) State of Iowa v. Robert E. Sinn
Iowa Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.
examined Cited as authority (quoted) State v. Banes
Iowa Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant did not object to the instructions given to the jury at trial. therefore, the jury instructions 640 become the law of the case for purposes of our review of the record for sufficiency of the evidence.
discussed Cited as authority (rule) State of Iowa v. DeMarquis Lazelle Forney
Iowa Ct. App. · 2026 · confidence medium
DISCUSSION Because there was no objection to the instructions given to the jury at trial, “the jury instructions become the law of the case for the purposes of our review of the record for sufficiency of the evidence.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Grant Adam Mead
Iowa Ct. App. · 2026 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009) (explaining unchallenged jury instructions are “the law of the case for purposes of our review of the record for sufficiency of the evidence”).
cited Cited as authority (rule) State of Iowa v. Laquel Artoris Demond Carrol
Iowa Ct. App. · 2025 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Kari Jean Schwartz
Iowa · 2024 · confidence medium
Where, as here, the defendant does not object to the relevant jury instruction, the instruction is “the law of the case for purposes of reviewing the sufficiency of the evidence.” State v. Mathis, 971 N.W.2d 514 , 518 (Iowa 2022) (quoting State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009)).
discussed Cited as authority (rule) State of Iowa v. Caimere Dupree Gates
Iowa Ct. App. · 2024 · confidence medium
Consistent with the above, Jury Instruction No. 32 presented in Gates’s trial read: “Malice aforethought maybe [sic] inferred from the defendant’s use of a dangerous weapon.” Gates did not object to this instruction, and when a defendant fails to object, “the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Wichang Gach Chawech
Iowa Ct. App. · 2023 · confidence medium
The jury instructions outlined for the jurors how to handle inconsistent evidence. “[T]he jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009). 7 In this case, Jury Instruction No. 5 read, in part: “Try to reconcile any conflicts in the evidence; but if you cannot, accept the evidence you find more believable.” Here, the jury weighed the evidence and made that determination.
discussed Cited as authority (rule) State of Iowa v. Waylon James Brown
Iowa · 2023 · confidence medium
It merely re- quired the jury to find that Brown “aided and abetted” White, “who was armed with a dangerous weapon.” Because Brown never objected to this instruction, it became “the law of the case for purposes of our review of the record for suffi- ciency of the evidence.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Justice Mathis
Iowa · 2022 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Gary Charles Wood Jr.
Iowa Ct. App. · 2021 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Anthony Brian Nicholson
Iowa Ct. App. · 2021 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Montrell Ryan McClellan
Iowa Ct. App. · 2021 · confidence medium
When a defendant does not object to the instructions given to the jury at the time of trial, the instructions “become the law of the case for the purposes of our review of the record for sufficiency of the evidence.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) Doreen Denise Mowery v. The City of Carter Lake, Iowa, a Municipality, Gerald Waltrip, John \Pat\" Paterson
unknown court · 2021 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Gregory Michael Davis
Iowa · 2020 · confidence medium
At the time the crime was committed, the Defendant suffered from such a diseased or deranged condition of the mind as to render him incapable of distinguishing between right and wrong in relation to the act. “[T]he jury instructions become the law of the case for purposes of our review of the record.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Gregory Michael Davis
Iowa · 2020 · confidence medium
At the time the crime was committed, the Defendant suffered from such a diseased or deranged condition of the mind as to render him incapable of distinguishing between right and wrong in relation to the act. “[T]he jury instructions become the law of the case for purposes of our review of the record.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. John Charles Donahue
Iowa Ct. App. · 2020 · confidence medium
In our review of a challenge to the sufficiency of evidence, our goal “is to determine whether the evidence could convince a rational trier of fact that the defendant is guilty of the crime charged beyond a reasonable doubt.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Kamie Jo Schiebout (2×) also: Cited "see"
Iowa · 2020 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Ethan Landon Davis
Iowa Ct. App. · 2020 · confidence medium
Even if Davis is correct that the jury should have been instructed as to two separate theories, the instruction as given is “the law of the case for purposes of our review of the record for sufficiency 8 of the evidence.” See State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Jeremy Lee Hill
Iowa Ct. App. · 2020 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Erwin King
Iowa Ct. App. · 2020 · confidence medium
“Where, as here, the jury was instructed without objection, the jury instruction becomes law of the case for the purposes of reviewing the sufficiency of the evidence.”1 State v. Banes, 910 N.W.2d 634, 639 (Iowa Ct. App. 2018) (citing State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009) (“[Defendant] did not object to the instructions given to the jury at trial.
cited Cited as authority (rule) Carl Julius Bennett v. State of Iowa
Iowa Ct. App. · 2019 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Charles P. Phipps (2×) also: Cited "see"
Iowa Ct. App. · 2018 · confidence medium
“Therefore, the jury instructions became the law of the case for purposes of our review of the record for sufficiency of the evidence.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. Darrin Frank Fehrer (2×) also: Cited "see"
Iowa Ct. App. · 2017 · confidence medium
The court denied Fehrer’s request based on State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009), where the supreme court quoted the jury instruction given in that case charging the same crime.1 The district court stated section 728.2 does not contain any indication that the person charged with the crime must know the person who sees the obscene material is a minor and analogized this crime to the crime of statutory rape under section 709.4, where it is not a defense for the defendant to claim a lack of knowledge of the age of the victim.
cited Cited as authority (rule) Kim David Archer, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · confidence medium
Therefore, we find these issues waived. 3 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Joshua Michael Corwin
Iowa Ct. App. · 2015 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) Derek Crow v. Edwin E. Simpson, Individually and D/B/A Simpson Trucking and Excavating
Iowa · 2015 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009). 2 .
cited Cited as authority (rule) State of Iowa v. Eddie Lee Williams
Iowa Ct. App. · 2015 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) Gary Wayne Pettit, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2015 · confidence medium
This is our standard because such claims have their “basis in the Sixth Amendment to the United States Constitution.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009). 4 An ineffective-assistance-of-counsel claim requires a demonstration of both a breach of duty and prejudice.
cited Cited as authority (rule) State of Iowa v. Kacey Jo Hicklin
Iowa Ct. App. · 2015 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) Ray Allen Blume, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
This is our standard because such claims have their “basis in the Sixth Amendment to the United States Constitution.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited as authority (rule) State of Iowa v. James Lavern Peniska
Iowa Ct. App. · 2014 · confidence medium
Id. “‘An abuse of discretion occurs when the court’s decision is based on a ground or reason 12 that is clearly untenable or when the court’s discretion is exercised to a clearly unreasonable degree.’” Id. (citation omitted). “‘It is well settled that a trial court need not instruct in a particular way so long as the subject of the applicable law is correctly covered when all the instructions are read together.’” State v. Canal, 773 N.W.2d 528, 532 (Iowa 2009) (quoting State v. Uthe, 542 N.W.2d 810, 815 (Iowa 1996)).
discussed Cited as authority (rule) State of Iowa v. Larry David Twigg (2×) also: Cited "see"
Iowa Ct. App. · 2014 · confidence medium
We will therefore address Twigg’s pro se claims as a challenge to the sufficiency of the evidence, despite the fact that he postures his claims in his pro se brief incorrectly on the court’s denial of the motion in arrest of judgment rather than the court’s denial of his motions for judgment of acquittal. 4 v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Allen Bradley Clay
Iowa · 2012 · confidence medium
This is our standard because such claims have their “basis in the Sixth Amendment to the United States Constitution.” State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited as authority (rule) State of Iowa v. Jeffrey Alan Soboroff
Iowa · 2011 · confidence medium
State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited "see" Leonard Gregory, Dee J. Radeke, Sean O'Geary, Jerry Newell, John Hrbek, Chad Welsh, Clarence Fenton, Jack Hays, and Joseph Lawrence v. State of Iowa, Iowa State Legislature and Iowa Department of Corrections
Iowa · 2026 · signal: accord · confidence high
See Miller v. California, 413 U.S. 15 , 24–25 (1973) (establishing obscenity doctrine guidelines); accord State v. Canal, 773 N.W.2d 528, 531 (Iowa 46 2009) (applying Miller v. California without reference to any Iowa-specific constitutional standard under article I, section 7 and recognizing that the Supreme Court has “found that ‘all nudity cannot be deemed obscene even as to minors’ ” (quoting Erznoznik v. City of Jacksonville, 422 U.S. 205, 213 (1975))); State v. Wedelstedt, 213 N.W.2d 652, 657 (Iowa 1973) (en banc) (holding that “State statutes designed to regulate obscene mat…
cited Cited "see" State of Iowa v. James Michael Coleman
Iowa Ct. App. · 2024 · signal: see · confidence high
See State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
cited Cited "see" State of Iowa v. James William Thiel Sr.
Iowa Ct. App. · 2024 · signal: see · confidence high
See State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009).
discussed Cited "see" State of Iowa v. Travis Lyle Starr
Iowa Ct. App. · 2023 · signal: see · confidence high
See State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009) (explaining that when a defendant does not “object to the instructions given to the jury at trial . . . the jury 1 While no instruction was given in this case, for reference, the model instruction for “intoxication as a defense” states: The defendant claims he was under the influence of intoxicants at the time of the alleged crime.
cited Cited "see" State of Iowa v. Michael Dean Roberson Jr.
Iowa Ct. App. · 2023 · signal: see · confidence high
See State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009); accord State v. Denson, No. 22-0139, 2023 WL 2906242 , at *2 (Iowa Ct. App. Apr. 12, 2023).
discussed Cited "see" State of Iowa v. Michael Garrick Denson
Iowa Ct. App. · 2023 · signal: see · confidence high
See State v. Canal, 773 N.W.2d 528, 530 (Iowa 2009); but see Crawford, 974 N.W.2d at 521 (distinguishing the general rule that jury instructions are law of the case 5 when the defendant fails to object to the court “failing to fully define a term” and concluding the reviewing court can “apply[] the correct law”).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Jorge CANAL, Jr., Appellant
07-1051.
Supreme Court of Iowa.
Sep 18, 2009.
773 N.W.2d 528
2009 Iowa Sup. LEXIS 108
2009 WL 3051556
Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant State Appellate Defender, for appellant., Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, Wayne M. Reisetter, Dallas County Attorney, and Sarah C. Pettinger, Assistant County Attorney, for appellee.
Wiggins, Streit, Baker.
Cited by 73 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #39,075 of 633,719
Citer courts: Court of Appeals of Iowa (2)
WIGGINS, Justice.

This case involves sexting among teenagers. “Sexting” is the practice of sending nude photographs via text message. In this appeal, we must determine whether sufficient evidence supported the defendant’s conviction for knowingly disseminating obscene material to a minor in violation of Iowa Code section 728.2 (2005) and whether his trial counsel provided him ineffective assistance of counsel. Because the evidence was sufficient to support his conviction and his trial counsel was not ineffective, we affirm the decision of the court of appeals and the judgment of the district court.

I. Background Facts and Proceedings.

On May 15, 2005, C.E., a fourteen-year-old female attending high school, received two photographs via e-mail from Jorge Canal. Canal was eighteen years of age and attended the same school when this incident occurred. One of the photographs was of Canal’s erect penis; the other was a photograph of his face. A text message attached to the photograph of his face said, “I love you.”

C.E. and Canal were friends and had known each other for roughly a year before Canal sent the photograph of his erect penis. They both associated with the same group of friends. C.E. generally hung out with teenagers older than herself. Both Canal and C.E. acknowledged they were only friends. Canal sent the photograph of his erect penis only after C.E. asked him to send a photograph of his penis three or four times in the same phone call. C.E. received the photograph on her e-mail account, viewed it, and thought she had deleted it. C.E. testified the photograph was sent only as a joke because some of her friends were doing it. She further testified that she did not ask for the photograph as a means to excite any feelings. Finally, C.E. testified that she asked for a photograph of Canal’s penis, but not his erect penis.

C.E.’s mother, who checked her daughter’s e-mail and internet use, found the photographs and forwarded them to her husband. C.E.’s father then showed the photographs to a police officer. The parents knew the officer because C.E.’s father used to be a reserve officer for the police department. The State charged Canal with violating Iowa Code section 728.2, for knowingly disseminating obscene material to a minor.

The case was tried to a jury. The jury found Canal guilty of knowingly disseminating obscene material to a minor. The court imposed a deferred judgment, a civil penalty of $250, and probation with the department of corrections for one year. The court also instructed Canal that he must register as a sex offender and ordered that an evaluation take place to determine if treatment was necessary as a condition of his probation. Canal received[*530] notification of the requirement to register as a sex offender on April 6, 2006.

The defendant appealed his conviction, but we denied the appeal because Canal appealed from a deferred judgment. See State v. Stessman, 460 N.W.2d 461, 462 (Iowa 1990) (holding there is no right of a direct appeal from a deferred judgment because a final judgment in the district court does not exist). Canal subsequently violated the terms of his probation, and the court revoked Canal’s deferred judgment. The court sentenced him to nineteen days in jail. Canal also had to pay a fine of $250 and continue to register as a sex offender.

Canal appealed his conviction. We transferred the case to the court of appeals. The court of appeals affirmed the conviction.

Canal filed for further review, which we granted.

II. Issues.

On appeal, Canal raises two issues. First, he claims the evidence was insufficient to establish the e-mails he sent C.E. were obscene. Second, he claims his trial counsel was ineffective for failing to request a jury instruction informing the jury that mere nudity is not sufficient to establish obscenity.

III. Scope of Review.

We review a challenge to the sufficiency of the evidence for correction of errors at law. State v. Millsap, 704 N.W.2d 426, 430 (Iowa 2005). The goal of the court is to determine whether the evidence could convince a rational trier of fact that the defendant is guilty of the crime charged beyond a reasonable doubt. State v. Anspach, 627 N.W.2d 227, 231 (Iowa 2001). The court views the evidence in the light most favorable to the State in making this determination. Millsap, 704 N.W.2d at 429. As to Canal’s ineffective-assistance-of-counsel claim, we review it de novo because it has its basis in the Sixth Amendment to the United States Constitution. State v. Maxwell, 743 N.W.2d 185, 195 (Iowa 2008).

IV.Sufficiency-of-the-Evidence Claim.

Canal did not object to the instructions given to the jury at trial. Therefore, the jury instructions become the law of the case for purposes of our review of the record for sufficiency of the evidence. See State v. Ondayog, 722 N.W.2d 778, 783-84 (Iowa 2006) (citing State v. Taggart, 430 N.W.2d 423, 425 (Iowa 1988)) (stating except in a claim for ineffective assistance of counsel asserting the instructions were deficient, jury instructions, which were not objected to, become the law of the case). Instruction number thirteen was the mar-shalling instruction. It stated the elements of knowingly disseminating obscene material to a minor as follows:

1. On or about the 15th day of May, 2005, the defendant knowingly disseminated or exhibited obscene material to C.E.
2. C.E. was then under the age of eighteen.
3. The defendant was not the parent or guardian of C.E.

Jury instruction number eighteen defined “obscene material” as

any material depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks[*531] serious literary, scientific, political, or artistic value. [1]

The same instruction defined “prurient interest” as “a shameful or morbid interest in nudity, sex, or excretion.” Finally, regarding “community standards,” instruction eighteen stated:

In determining the community standards, you are entitled to draw on your own knowledge of the views of the average person in the community or the vicinity from which you come to make your determination, within the parameters of the definitions you have been given.

Canal’s sole contention regarding the sufficiency of the evidence is that the material he sent to C.E. was not obscene. The jury instruction defining obscenity incorporates the Supreme Court’s definition of obscenity, but adds the phrase “with respect to what is suitable material for minors.” See Miller v. California, 413 U.S. 15, 24-25, 93 S.Ct. 2607, 2614-15, 37 L.Ed.2d 419, 430-31 (1973). In other words, the jury instruction recognizes that the obscenity test as to minors is different from the test as to adults. This recognition extends back to Ginsberg v. New York, 390 U.S. 629, 636-37, 88 S.Ct. 1274, 1279, 20 L.Ed.2d 195, 202 (1968). See Erznoznik v. City of Jacksonville, 422 U.S. 205, 212, 95 S.Ct. 2268, 2274, 45 L.Ed.2d 125, 133 (1975) (“It is well settled that a State or municipality can adopt more stringent controls on communicative materials available to youths than on those available to adults.”).

However, minors are still “entitled to a significant measure of First Amendment protection and only in relatively narrow and well-defined circumstances may government bar public dissemination of protected materials to them.” Id. at 212-13, 95 S.Ct. at 2274, 45 L.Ed.2d at 133 (citation omitted). In Erznoznik, the Court found that “all nudity cannot be deemed obscene even as to minors.” Id. at 213, 95 S.Ct. at 2275, 45 L.Ed.2d at 133. There, the ordinance outlawed anyone from exhibiting movies where a human male or female bare buttocks, female bare breasts, or human bare pubic area was shown, if visible from a public street. Id. at 206-07, 95 S.Ct. at 2271, 45 L.Ed.2d at 129. Despite holding this ordinance invalid, the Court still stated it would not “deprecate the legitimate interests asserted by the city.” [2] Id. at 217, 95 S.Ct. at 2277, 45 L.Ed.2d at 136.

Finally, the instructions, as given, allow the jury to determine the contemporary community standards with respect to what is suitable material for minors. This instruction is consistent with the Supreme Court’s pronouncement in Miller. Miller, 413 U.S. at 24, 93 S.Ct. at 2615, 37 L.Ed.2d at 431; accord State v. Groetken, 479 N.W.2d 298, 301-02 (Iowa 1991). Under the community standards test, jurors in different regions of the country or a state may come to different conclusions on whether the same material is obscene. Miller, 413 U.S. at 27 n. 9, 93 S.Ct. at 2616 n. 9, 37 L.Ed.2d at 432 n. 9. This is because jurors are allowed to draw on their own knowledge of the views of the average person in the community or vicinage from which they come when determining community standards. Id. at 30, 93 S.Ct. at 2618, 37 L.Ed.2d at 434.

[*532] Applying the jury instructions as given and reviewing the evidence in the light most favorable to the State, the question we must resolve is whether, under this record, a rational juror could find Canal guilty beyond a reasonable doubt of knowingly disseminating obscene material to a minor. Canal took one photograph of his face and one photograph of his erect penis. He e-mailed the photographs to C.E. separately. He attached a text message to the photograph of his face that said, “I love you.”

Although Canal argued to the jury the material he sent C.E. only appealed to a natural interest in sex, under the instructions given the jury could find, by applying its own contemporary community standards with respect to what is suitable material for minors, that the material appealed to the prurient interest, was patently offensive, and lacked serious literary, scientific, political, or artistic value. On a sufficiency-of-the-evidence review, our task is not to refind the facts. Moreover, on this record we cannot conclude, as a matter of law, the materials Canal sent to C.E. were not obscene. Therefore, even though another jury in a different community may have found this material not to be obscene, the evidence in this record was sufficient for this jury to determine, under its own community standards, that the material Canal sent to C.E. was obscene.

V. Ineffective-Assistance-of-Counsel Claim.

Canal also claims his trial counsel was ineffective for failing to request a clarifying instruction that mere nudity does not constitute obscenity. Canal claims he is entitled to a new trial because the court did not properly instruct the jury on the applicable law and rendered its guilty verdict on constitutionally insufficient evidence.

Normally, we deal with ineffee-tive-assistance-of-counsel claims after post-conviction-relief proceedings. Maxwell, 743 N.W.2d at 195. However, as in this case, if the record is sufficient to permit a ruling, we will consider such a claim. Id. To demonstrate ineffective assistance of counsel, Canal must prove: (1) his counsel failed to perform an essential duty and (2) prejudice resulted. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984). To prove counsel failed to perform an essential duty, Canal “must show that counsel’s performance was deficient” meaning that trial counsel “made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Id. We measure counsel’s performance by determining “whether counsel’s assistance was reasonable considering all the circumstances.” Id. at 688, 104 S.Ct. at 2065, 80 L.Ed.2d at 694. To prove prejudice, Canal must prove “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694, 104 S.Ct. at 2068, 80 L.Ed.2d at 698. To show a reasonable probability that the result would have been different, Canal “ ‘need only show that the probability of a different result is “sufficient to undermine confidence in the outcome.” ’ ” Bowman v. State, 710 N.W.2d 200, 206 (Iowa 2006) (quoting State v. Graves, 668 N.W.2d 860, 882-83 (Iowa 2003)).

We conclude as a matter of law that Canal’s counsel did not fail to perform an essential duty. “It is well settled that a trial court need not instruct in a particular way so long as the subject of the applicable law is correctly covered when all the instructions are read together.” State v. Uthe, 542 N.W.2d 810, 815 (Iowa 1996). Based on the definitions of obscenity, prurient interest, and community standards[*533] given by the court, the court correctly instructed the jury on the issue.

The court told the jury that a depiction of a person’s genitals was not in and of itself obscene. In order for the depiction of a person’s genitals to be obscene, an average person applying contemporary community standards with respect to what is suitable material for minors must find the material is patently offensive, appeals to the prurient interest, and lacks serious literary, scientific, political, or artistic value. When viewing the instructions in their entirety, the court effectively instructed the jury that mere nudity does not constitute obscenity. Although the court could have phrased the instruction to say, “mere nudity does not constitute obscenity,” Canal’s trial counsel did not provide ineffective assistance because of his failure to object to the generally accurate instructions. State v. Reyes, 744 N.W.2d 95, 103 (Iowa 2008).

VI. Disposition.

We affirm the decision of the court of appeals and the judgment of the district court because the evidence was sufficient to support Canal’s conviction for knowingly disseminating obscene material to a minor and his trial counsel was not ineffective.

DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.

All justices concur except STREIT and BAKER, JJ., who take no part.
1

. Jury instruction eighteen defined “obscene material” using the language contained in Iowa Code section 728.1(5) (2005), which defines "obscene material” for purposes of Iowa Code chapter 728.

2

. Canal makes no claim as to the constitutionality of Iowa Code sections 728.1(5) or 728.2 under the federal or state constitutions.