State of Iowa
v.
Thomas Dean Jesse
Appellee
State of Iowa
Appellant
Thomas Dean Jesse
Attorney for the Appellee
Martha E. Trout, 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 Johnson County, Andrew Chappell, Judge. SENTENCE VACATED IN PART AND REMANDED FOR ENTRY OF CORRECTED SENTENCE. Considered by Greer, P.J., and Ahlers and Badding, JJ. Opinion by Badding, J. (6 pages)
A defendant appeals the surcharge and fine imposed on his conviction for lascivious acts with a child. OPINION HOLDS: We find that the $90 surcharge is an illegal sentence in violation of the ex post facto clauses of the federal and state constitutions and remand for entry of a corrected sentence. The $1025 fine imposed is within the statutory limits of the statute in effect at the commission of the crime, therefore the district court did not abuse its discretion.