DES MOINES – A Worth county man who pled guilty last year to lascivious acts with a child has his conviction upheld, but will get a new sentence.
John Maklenburg, age 20 appealed his sentence following his guilty plea to two counts of lascivious acts with a child. In his appeal, he asserts the district court abused its discretion in imposing judgment given his age, time in custody, educational progress, and employment prospects. He also contends the district court’s imposition of consecutive special sentences, to commence upon the end of his consecutive prison sentences, was illegal because special sentences must begin upon the discharge of the sentence for underlying offenses.
The Iowa Court of Appeals affirmed affirmed the imposition of the two ten-year special sentences, but vacate the district court’s direction that the special sentences are consecutive for a total of twenty years, and remand for entry of a corrected sentence.
In a pre-sentence investigation report (PSI), the court considered not only the nature of the offense, but several other material factors in imposing Maklenburg’s sentence. These factors included Maklenburg’s rehabilitation prospects, the risk he presented to the community, his age, his employment prospects, his family, the psychosexual evaluation, and the PSI. The evaluation indicated Maklenburg lacked remorse, had issues with authority, and exhibited a high risk to reoffend. The PSI recommended Maklenburg receive consecutive prison sentences.
No date is set, yet, for a re-sentencing hearing.
