Case No. 22-1260

State of Iowa
v.
Hunter Noel Casto

Appellee

State of Iowa

Appellant

Hunter Noel Casto

Attorney for the Appellee

Joshua A. Duden, Assistant Attorney General

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Hunter Casto appeals his sentence following his conviction for second-degree sexual abuse.  He argues the district court was not aware it had the discretion to suspend a special sentence and failed to provide adequate reasoning for imposing the selected sentence.  OPINION HOLDS: The district court had the discretion to suspend the special sentence because Casto was under the age of eighteen at the time of the offense.  The district court did not know it had the ability to suspend the special sentence.  Because the district was unaware of this discretion, resentencing is necessary.  With respect to the remainder of the sentence, the district court relied on boilerplate sentencing statements and failed to provide individualized sentencing rationale, also necessitating resentencing.  We vacate Casto’s sentence and remand for resentencing.