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Case No. 22-1681

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Corey Robert Fenton

County:
Polk

Appellee

State of Iowa

Appellant

Corey Robert Fenton

Attorney for the Appellee

Nicholas E. Siefert and Kyle Hanson (until withdrawal), Assistant Attorneys General, and Morgan Smith, Student Legal Intern

Attorney for the Appellant

Josh Irwin, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1681
Date Published:
Jan 10, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (9 pages)

            Corey Fenton appeals his conviction and sentence for solicitation of commercial sexual activity.  OPINION HOLDS: Because the district court did not abuse its discretion by admitting a photo into evidence and substantial evidence supports the jury’s verdict, we conditionally affirm Fenton’s conviction.  But the district court applied the incorrect standard in ruling on Fenton’s motion for new trial and imposed an illegal sentence by requiring Fenton to complete the sex offender treatment program as a term of his sentence.  We therefore remand to the district court for further proceedings. 

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