January 11, 2017
STATE OF IOWA, Plaintiff-Appellee,
FRANCISCO M. VILLA, Defendant-Appellant.
from the Iowa District Court for Marshall County, John J.
appeals district court's denial of his motion to correct
illegal sentence. AFFIRMED.
R. Frese and C. Aron Vaughn of Kaplan & Frese, LLP,
Marshalltown, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., Bower, J., and Scott, S.J.
1999, Francisco Villa, then a minor, was charged with
second-degree sexual abuse, in violation of Iowa Code
sections 709.1 and 709.3 (1999). Villa pled guilty. His
sentence included an obligation to register as a sex offender
pursuant to section 692A.103. In 2015, Villa challenged that
requirement by filing a motion to correct an illegal
sentence. The district court denied the motion. Villa now
claims the registration requirement imposed upon him as a
juvenile sex offender constitutes cruel and unusual
punishment in violation of the Eighth Amendment to the United
States Constitution and article I, section 17 of the Iowa
Constitution. See U.S. Const. amend. VIII; Iowa
Const. art. I, § 17. Our review is de novo. See
State v. Ragland, 836 N.W.2d 107, 113 (Iowa 2013).
presented with an identical challenge in State v
Graham, No. 15-1464, 2016 WL 3556539, at *6-7 (Iowa Ct.
App. June 29, 2016). There we held mandatory lifetime sex
offender registration is not cruel and unusual punishment.
See Graham, 2016 WL 3556539, at *6-7. For the
reasons set forth in Graham, and because we approve
of the reasons and conclusions in the district court's
order and a full opinion would not augment or clarify
existing case law, we affirm without further opinion.
See Iowa Ct. R. 21.26(1)(d), (e).
[*]Senior judge assigned by order
pursuant to Iowa Code section 602.9206 (2017).