Northwood man loses appeal of lascivious acts sentence

DES MOINES — A Northwood man sentenced to ten years in prison after being accused of multiple child sexual offense crimes in two north-central Iowa counties has had his appeal rejected by the Iowa Court of Appeals.

67-year-old Douglas Warburton was charged with second-degree sexual abuse, third-degree sexual abuse, lascivious acts with a child and indecent contact with a child in Worth County, as well as three counts of exhibition of obscene material to a minor in Mitchell County. Criminal complaints stated Warburton showed pornographic videos to a child on three occasions in St. Ansgar and had sexual contact with a child in Northwood.

Warburton as part of a plea agreement entered an Alford plea to one count of lascivious acts with a child. With an Alford plea, a person does not admit guilt but acknowledges there is enough evidence for a likely conviction.

Warburton appealed, saying the district court erred by refusing to resentence him after he asked the court to consider a victim impact statement from his family member. He also stated that the court abused its discretion by considering the recommendation for incarceration in the presentence investigation report, as well as imposing a prison sentence rather than a suspended sentence.

The Court of Appeals in its ruling issued on Wednesday stating that the district court was proper in its actions, and that since Warburton never appealed from the order denying his request for resentencing that they did not have the jurisdiction over his challenge.