State of Iowa v. Douglas Neal Warburton

After pleading guilty to lascivious acts with a child, Douglas Warburton was sentenced to a term of incarceration not to exceed ten years. There was no victim impact statement available at the time of the sentencing hearing, and Warburton argued that a newly discovered victim impact statement provided grounds for resentencing. The district court denied the motion, and he appealed the district court’s denial of his motion for resentencing. The court of appeals concluded that it did not have jurisdiction to address the issue because Warburton’s notice of appeal did not specifically mention the denial of his motion for resentencing and he was therefore required to file a second notice of appeal to incorporate that order. Warburton now seeks further review of the court of appeals’ ruling that it did not have jurisdiction.

Holding: The defendant seeks further review of the court of appeals decision that it lacked appellate jurisdiction to address the district court’s denial of defendant’s motion for resentencing because the denial was not specifically identified in his notice of appeal. Decision of Court of Appeals Affirmed in Part and Vacated in Part; District Court Judgment Affirmed.