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Case No. 24-0705

State of Iowa
v.
Thomas Dean Jesse

County:
Johnson

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:
24-0705
Date Published:
Nov 13, 2024
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. 

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