State of Iowa
v.
Carlos Allen Hivento
Appellee
State of Iowa
Appellant
Carlos Allen Hivento
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Elizabeth Dupuich, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTIONS. Considered without oral argument by Badding, P.J., Langholz, J., and Mullins, S.J. Opinion by Mullins, S.J. (6 pages)
Carlos Hivento appeals his sentence for third-degree sexual abuse, arguing the district court abused its discretion by imposing a consecutive term of imprisonment without adequate reasons and by ordering that Hivento complete sex-offender treatment while incarcerated. OPINION HOLDS: We find no abuse of discretion in the district court’s decision to impose a consecutive sentence. However, we agree with both parties that the court lacked statutory authority to order sex-offender treatment. We vacate that part of Hivento’s sentence and remand for entry of a corrected sentencing order.
