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Case No. 19-0087

State of Iowa
Anthony Guy Stoner


State of Iowa


Anthony Guy Stoner

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 04, 2020

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. (14 pages)

            Anthony Stoner appeals his convictions and sentences following his guilty pleas to three counts of lascivious acts with a child.  On appeal, he argues (1) his guilty pleas were not knowing and voluntary; (2) the district court abused its discretion by failing to provide adequate reasons for ordering consecutive sentences; (3) the district court erred by unlawfully assessing restitution against him; and (4) the district court entered an illegal sentence by imposing surcharges under Iowa Code section 911.2B (2018) in regard to one of the cases.  OPINION HOLDS: Stoner has not preserved his guilty plea argument for direct appeal.  We preserve his argument for postconviction-relief proceedings.  The district court provided adequate reasons for ordering consecutive sentences.  We vacate the part of Stoner’s sentences regarding the section 911.2B surcharge related to M.H. and restitution.  We remand to the district court for entry of a corrected sentence and resentencing consistent with this opinion.

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