State of Iowa
v.
Ernesto Antonio Guerra Pascual
Appellee
State of Iowa
Appellant
Ernesto Antonio Guerra Pascual
Attorney for the Appellee
Katie Krickbaum, Assistant Attorney General
Attorney for the Appellant
Michael J. Jacobsma
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Doyle, S.J. Opinion by Greer, J. (7 pages)
Ernesto Guerra Pascual appeals his sentences following his Alford plea. He argues the district court violated his Fifth Amendment privilege against self-incrimination under the United States Constitution and article I, section 9 of the Iowa Constitution because it considered his lack of remorse as a sentencing factor. Pascual recognizes our supreme court held that a defendant’s lack of remorse is a pertinent sentencing factor but asks us to overturn that holding, asserting it is at odds the court’s reasoning in Schmidt v. State, 909 N.W.2d 778, 787–790 (Iowa 2018). Pascual also asserts the district court erred by considering facts he claims were either not in the record or were unproven. OPINION HOLDS: Because Pascual’s constitutional claims lack merit and we find no abuse of discretion, we affirm the sentences imposed by the district court.
