State v. Walker
Annotate this CaseDefendant was charged with first-degree kidnapping. The trial information included a proposed enhancement based on Defendant’s prior Ohio conviction of a sexually predatory offense. A jury ultimately found Defendant guilty of the lesser included offense of third-degree kidnapping. Thereafter, the district court ruled that the third-degree kidnapping conviction did not qualify as a sexually predatory offense within the meaning of Iowa Code 901A.1(1) and thus denied the enhancement. The court of appeals vacated Defendant’s sentence and remanded for resentencing, holding that Defendant’s third-degree kidnapping conviction was a sexually predatory offense because during trial the jury had found that Defendant had committed kidnapping with the specific intent to subject the victim to sexual abuse. The Supreme Court affirmed, holding that a jury finding that the defendant committed kidnapping with intent to subject the victim to sexual abuse can serve as the basis for an enhanced sentence.
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