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Case No. 17-1529

State of Iowa
v.
Paul Mark Kingery

Appellee

State of Iowa

Appellant

Paul Mark Kingery

Attorneys for Appellee

Sheryl Soich, Assistant Attorney General

Attorneys for Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1529
Date Published:
Aug 01, 2018
Summary

           Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  CONVICTIONS AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR ENTRY OF CORRECTED SENTENCING ORDER.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (11 pages)

           Paul Kingery appeals the convictions entered following his Alford pleas to two counts of lascivious acts with a child.  On appeal, he claims his pleas lacked factual bases and the court therefore erred in accepting them.  He also claims his Alford pleas were involuntary and unknowing, and the court failed to comply with Iowa Rule of Criminal Procedure 2.8(2)(b) by failing to advise him of applicable surcharges before accepting his plea.  Finally, Kingery claims the imposition of Iowa Code section 911.2B (2015) surcharges violated the ex post facto clauses of the United States and Iowa Constitutions.  OPINION HOLDS:  Upon our review, we conclude: (1) each charge was supported by a factual basis in the record, (2) Kingery failed to preserve error on his claim that his plea was involuntary and unknowing, and (3) the imposition of a sexual abuse surcharge violated the ex post facto clauses.  We affirm Kingery’s convictions but partially vacate his sentence and remand for entry of a corrected sentencing order. 

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