from the Iowa District Court for Scott County, Mary E. Howes,
defendant appeals from his convictions following his guilty
pleas to stalking and lascivious acts with a child. AFFIRMED.
C. Smith, State Appellate Defender, and Nan Jennisch,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
P.J., and Potterfield and Mullins, JJ.
Thornburg appeals from his convictions following his guilty
pleas to stalking and lascivious acts with a child, as an
habitual offender. Thornburg maintains neither his guilty
pleas to stalking and lascivious acts with a child nor his
admission to prior felonies were entered voluntarily and
intelligently. He also claims there was not a factual basis
to support his guilty plea for stalking.
Background Facts and Proceedings.
December 30, 2015, the State filed a trial information
charging Thornburg with two counts of second-degree sexual
abuse (FECR374425). The allegations supporting the charges
involved claims that Thornburg had sexually abused G.T., an
eight-year-old child. The trial information was later amended
to include the charge of lascivious acts with a child. It was
alleged that Thornburg was an habitual offender.
mother, Jennifer, obtained a no-contact order, preventing
Thornburg from having any contact with her or G.T.
January 2016 and June 2016, Jennifer had a number of
instances where someone attempted to gain entry into her
various accounts, including her phone and her social media.
She received a number of phone calls from blocked numbers
that left no messages or-when she did answer-where no one
spoke to her. She also received text messages from various
numbers she did not recognize. The substance of some of the
messages indicated the sender could see Jennifer, including
times the sender asked who she had been speaking with
directly after she hung up from a phone call or times that
the sender stated they were close by and told her a location
that was, in fact, near where she then was. Jennifer
recognized some of the speech patterns or statements as ones
Thornburg had made to her in the past, and she believed it
was Thornburg who was behind all of the contact. Other
instances that could be traced back to Thornburg included a
time when Jennifer spoke to her mother about G.T. struggling
at softball, and within an hour, Thornburg had ordered G.T. a
new bat to be delivered to Jennifer's previous
home. Additionally, Jennifer once met with
Thornburg's brother and rode with him in his car,
Thornburg- driving his sister's vehicle-chased them,
attempted to hit their car, and tried to force them off the
road. He only stopped after one of the tires on his
sister's vehicle went flat.
second trial information was filed, and Thornburg was charged
with stalking and assault by use or display of a dangerous
September 2016, a jury trial on the charges of stalking and
assault commenced. On the third morning of trial, Thornburg
reached a plea agreement with the State. Thornburg entered
guilty pleas to stalking and lascivious acts with a child, as
an habitual offender. He also pled guilty to assault with a
dangerous weapon. The State dismissed both counts of sexual
abuse in the second degree. Additionally, Thornburg agreed
the sentence from FECR374425 would run consecutive to the
sentences from FECR377209. Thornburg was sentenced pursuant
to the agreement at a later date. He appeals.