State of Iowa
v.
Adan Sosa Puga
Appellee
State of Iowa
Appellant
Adan Sosa Puga
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Rachel C. Regenold, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge. CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Greer and Badding, JJ. Opinion by Badding, J. (12 pages)
A defendant appeals his conviction and sentence for third-degree sexual abuse, challenging the admission of the prior sexual abuse, the failure to state reasons for the sentence that was imposed, and a discrepancy between the oral pronouncement of the sentence and the written judgment entry. OPINION HOLDS: The district court did not abuse its discretion in allowing a different victim to testify about Puga’s past sexual abuse of her because the evidence was relevant to show that Puga’s contact with the victim here was sexual in nature and not accidental. The court did, however, abuse its discretion in failing to give reasons for the sentence it imposed and requiring Puga to pay category “B” restitution in its written judgment entry. Puga’s conviction is therefore affirmed, but his sentence is vacated and the case remanded for resentencing.
