State of Iowa v. Daniel Vincent Newell
15-1935
Iowa Ct. App.Aug 17, 2016Background
- Newell pled guilty in 2014 to lascivious acts with a child and stalking a person under 18.
- This court previously vacated the sentence and remanded for resentencing due to misapprehension of sentencing options.
- At resentencing the court acknowledged options including incarceration, probation, and deferred sentence/judgment.
- The court sentenced to an indeterminate term not to exceed 10 years and issued a written order containing boilerplate language and a five-year no-contact provision.
- The written order conflicted with the oral pronouncement, creating a clerical error; the court must issue a nunc pro tunc order reflecting the actual pronouncement.
- The no-contact period is not shown to exceed statutory limits, but the matter requires clarification on when the no-contact period commences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Clerical error in judgment entry; proper remedy | Newell | Newell | Remand for nunc pro tunc correction |
| No-contact order duration enforceability | Newell | Newell | No- contact period not expressly beyond statutory time; clarify start date from judgment |
Key Cases Cited
- State v. Hess, 533 N.W.2d 525 (Iowa 1995) (clerical error; oral pronouncement controls)