from the Iowa District Court for Clinton County, Marlita A.
defendant appeals the denial of his application for
R. McCartney of Reynolds & Kenline, L.L.P., Dubuque, for
J. Miller, Attorney General, and Kelli Huser, Assistant
Attorney General, for appellee State.
Considered by Vaitheswaran, P.J., and Potterfield and
Kohl appeals the denial of his application for postconviction
relief filed after his 2013 resentencing. Kohl argues double
jeopardy prevents the district court from amending his
sentence to reflect Iowa Code section 901A.2's special
sentence for sex offenses because he had already served part
of his prison term.
Background Facts and Proceedings.
Kohl pled guilty and was sentenced to multiple offenses: two
counts of third-degree sexual abuse, in violation of Iowa
Code sections 709.1 and 709.4(1) (2003); indecent exposure,
enhanced, in violation of Iowa Code sections 709.9 and
901A.2; and two counts of indecent contact with a child,
enhanced, in violation of Iowa Code sections 709.12(1) or (2)
and 901A.2. Kohl was sentenced to indeterminate prison
sentences not to exceed ten years for each count of
third-degree sexual abuse, a term not to exceed two years for
indecent exposure, and terms not to exceed four years for
each enhanced count of indecent contact with a child. The
court ordered all sentences to run consecutively for a total
indeterminate prison sentence of thirty years.
August 2013 the court filed an amended sentencing order to
add two years of parole or work release under Iowa Code
section 901A.2(8) to Kohl's sentences. Section 901A.2(8)
applies to Kohl's convictions for indecent exposure and
indecent contact with a child. In September 2013 Kohl filed a
motion for correction of an illegal sentence, and the motion
was denied. Kohl filed a motion for clarification of sentence
in September 2015; that motion was denied in October 2015.
Kohl filed an application for postconviction relief in
November 2015. Meanwhile, Kohl filed a notice of appeal from
the denials of his motion for correction of an illegal
sentence and motion for clarification of sentence. In March
2016, the Iowa Supreme Court issued an order dismissing the
appeals and indicating that Kohl's proper remedy was
postconviction relief. Kohl filed an amended application for
postconviction relief in September 2016, and the district
court denied his application in March 2017.
Standard of Review.
proceedings are "actions at law and are reviewed on
error." Osborn v. State, 573 N.W.2d 917, 920
(Iowa 1998) (citation omitted). However, if the
postconviction-relief proceeding has constitutional
implications, "we make our own evaluation of the
totality of the circumstances in a de novo review."