State of Iowa
v.
Anthony Guy Stoner
Appellee
State of Iowa
Appellant
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:
Summary
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.
