State of Iowa
v.
Steven Eugene Kroll
Appellee
State of Iowa
Appellant
Steven Eugene Kroll
Attorney for the Appellee
Genevieve Reinkoester, Nicole L. Leonard, and Ian McConeghey, Assistant Attorneys 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 Monona County, Tod Deck, Judge. CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Heard by Greer, P.J., Langholz, J., and Gamble, S.J. Opinion by Gamble, S.J. (25 pages)
A criminal defendant contests the exclusion of evidence under Iowa Rule of Evidence 5.412, asserts the district court erred in denying his request for a voluntary-participation instruction, challenges the sufficiency of the evidence for one offense, and claims the district court exceeded its authority in sentencing. OPINION HOLDS: We find the district court did not abuse its discretion by excluding the evidence under rule 5.412 or in denying his requested instruction, and sufficient evidence supports the conviction of sexual exploitation of a minor. We sever and vacate part of the sentence and remand for entry of a corrected sentencing order.