Iowa Court of Appeals · No. 25-2163

State of Iowa v. Cole Alan Gilbertson

Decided November 4, 2026 · appeal from Cerro Gordo County · Criminal

What the court decided

Result: AFFIRMED

Cole Gilbertson appeals his sentences for lascivious acts with a child and indecent exposure after entering an Alford plea. He argues that the district court abused its discretion by considering improper factors—his Alford plea and his lack of allocution at the sentencing hearing.

Holding: Because the court’s consideration of Gilbertson’s failure to accept responsibility for his offenses was proper and he failed to show the court relied on any improper factors, we affirm Gilbertson’s sentences.

Read the opinion (PDF) · Case page on iowacourts.gov

Judges

Written by Judge Samuel P. Langholz
Considered without oral argument by Schumacher, P.J., and Langholz and Sandy, JJ.
Trial judge: Blake Norman, Cerro Gordo County

Iowa Code it cites

§709.8 §709.9 §901.5

Each links to the bills that change that chapter.