STATE OF IOWA, Plaintiff-Appellee, vs. JENSE ALLAN BERGANTZEL, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-907 / 07-0445
Filed December 12, 2007
STATE OF IOWA,
Plaintiff-Appellee,
vs.
JENSE ALLAN BERGANTZEL,
Defendant-Appellant.
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Appeal from the Iowa District Court for Pottawattamie County, Charles L.
Smith, III, Judge.
Jense Bergantzel appeals a judgment and sentence following his guilty
plea to two counts of second-degree sexual abuse. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Robert Ranschau, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney
General, Matthew Wilber, County Attorney, and Daniel J. McGinn, Assistant
County Attorney, for appellee.
Considered by Sackett, C.J., and Vaitheswaran and Baker, JJ.
2
VAITHESWARAN, J.
Jense Bergantzel appeals a judgment and sentence following his guilty
plea to two counts of second-degree sexual abuse. He contends the district
court abused its discretion in ordering the prison terms on each count to be
served consecutively rather than concurrently.
The district court explained that consecutive terms were imposed because
of Bergantzel’s “complete inability to come to grips with” what he had done and
his continuing attempt “to try to blame a 10-year-old child for this offense.”
Bergantzel’s statements to the court at the sentencing hearing support the court’s
reasoning.
Additionally, a defendant’s lack of remorse is an appropriate
sentencing factor. State v. Knight, 701 N.W.2d 83, 87-89 (Iowa 2005). For these
reasons, we discern no abuse of discretion in the court’s sentencing decision.
AFFIRMED.
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