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State v. Kout

Court of Appeals of Iowa

March 12, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
MICHAEL JAMES KOUT, Defendant-Appellant

Released for Publication April 14, 2014.

Appeal from the Iowa District Court for Muscatine County, Mark D. Cleve, Judge. Michael James Kout appeals his conviction for lascivious acts with a child.

Michael Kout, Coralville, Pro se, appellant.

Thomas J. Miller, Attorney General, Bridget Chambers, Assistant Attorney General, and Alan Ostergren, County Attorney, for appellee.

Considered by Doyle, P.J., and Tabor and Bower, JJ.

OPINION

Page 707

BOWER, J.

Michael James Kout appeals his conviction for lascivious acts with a child. He claims the district court violated his equal protection rights by refusing to give him credit for time served during his supervised pretrial release. Kout also claims he received ineffective assistance of counsel. We find no provision in Iowa law that would entitle Kout to credit for pretrial supervision, and also find he has failed to show an equal protection violation. We preserve his ineffective-assistance-of-counsel claims for postconviction relief. We affirm.

I. Background Facts and Proceedings

Michael James Kout was charged with sexual abuse in the second degree on January 3, 2011. Kout entered a guilty plea to the reduced charge of lascivious acts with a child on September 30, 2011. He was sentenced on January 6, 2012, to serve an indeterminate ten-year prison sentence.

On October 31, 2012, Kout filed a motion requesting credit towards his sentence for time spent on pretrial supervision. After being arrested and charged, Kout posted bond and, as a condition of his release, was required to report to the Seventh Judicial District Department of Correctional Services (DCS) for pretrial supervision. He remained under DCS supervision for a total of 379 days. The district court denied his motion, finding Iowa law did not provide

Page 708

credit towards one's sentence for time spent on pretrial supervision. The district court also rejected ...


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