STATE v. BERGANTZEL, 743 N.W.2d 872 (Iowa App. 2007)

State v. Bergantzel.

No. 07-0445.Court of Appeals of Iowa.
December 12, 2007.

[EDITORS’ NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]

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.

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.