State of Iowa
v.
Chad Richard Chapman
Defendant appealed from the judgment and sentence entered on his conviction of child endangerment under Iowa Code section 726.6(1),(7)(2017) pursuant to an Alford guilty plea. See North Carolina v. Alford, 400 U.S. 25, 37 (1970). He contended the district court erred in: (1) imposing the special ten-year sentence under Iowa Code section 903B.2 and the law enforcement initiative surcharge; (2) ordering restitution of court costs without first determining he had a reasonable ability to pay those costs; and (3) determining his offense was sexually motivated, thus requiring he be placed on the sex offender registry pursuant to Iowa Code section 692A.126. The court of appeals affirmed in part, vacated in part, and remanded for further proceedings to determine whether the child endangerment was sexually motivated. Defendant seeks further review.
Resister
State of Iowa
Applicant
Chad Richard Chapman
Attorney for the Resister
Zachary Miller
Attorney for the Applicant
Martha J. Lucey
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 08, 2020 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ. Opinion by Vaitheswaran, J. (7 pages)
Chad Chapman appeals following his guilty plea to child endangerment, arguing the district court erred in (1) imposing the special sentence and law-enforcement-initiative surcharge; (2) ordering restitution of court costs “without first determining his reasonable ability to pay such costs”; and (3) determining his offense was sexually motivated, a predicate to placement on the sex offender registry. OPINION HOLDS: (1) The State concedes error on the first point and agrees we must “vacate those parts of Chapman’s sentence.” (2) Based on State v. Albright, 925 N.W.2d 144, 160–62 (Iowa 2019), we vacate the order for payment of court costs pending completion of a final restitution order. (3) Because the record contains insufficient evidence to support the district court’s finding that Chapman’s offense was sexually motivated, we vacate the portion of the sentencing order requiring him to register as a sex offender and remand for resentencing.