State of Iowa v. Wayne Eugene Royer

IN THE COURT OF APPEALS OF IOWA

No. 22-1737
Filed November 8, 2023

STATE OF IOWA,
Plaintiff-Appellee,

vs.

WAYNE EUGENE ROYER,
Defendant-Appellant.
________________________________________________________________

Appeal from the Iowa District Court for Guthrie County, Virginia Cobb,

District Associate Judge.

A defendant appeals his prison sentence for violating sex offender registry

requirements. CONVICTION AFFIRMED; SENTENCE VACATED AND

REMANDED FOR RESENTENCING.

Jessica A. Millage of Flanagan Law Group, PLLC, Des Moines, for

appellant.

Brenna Bird, Attorney General, and Israel Kodiaga, Assistant Attorney

General, for appellee.

Considered by Tabor, P.J., and Badding and Chicchelly, JJ.
2

TABOR, Presiding Judge.

Wayne Royer, a sex offender, pleaded guilty to failing to appear at the

sheriff’s office as required by Iowa Code sections 692A.103, .108, and .111 (2022).

The district court then imposed a prison sentence not to exceed two years. Royer

appeals, contending the court overlooked mitigating factors and failed to give him

the right to volunteer information helpful to his cause.1 See Iowa R. Crim.

P. 2.23(2)(d)(3); State v. Craig, 562 N.W.2d 633, 635 (Iowa 1997). The State

agrees that the sentencing court failed to honor Royer’s right of allocution, so

resentencing is required. See State v. Lumadue, 622 N.W.2d 302, 304 (Iowa

2001).

We review sentences for correction of legal error. State v. Formaro, 638

N.W.2d 720, 724 (Iowa 2002). We will reverse when an abuse of discretion occurs

or there is some defect in the sentencing procedure. Id. Here, there was a defect

in the sentencing procedure. Although trial counsel addressed the sentencing

court, the right of allocution is personal to the defendant. See State v. Nosa, 738

N.W.2d 658, 660 (Iowa Ct. App. 2007). The district court sentenced Royer without

giving him the chance to allocute. We need not address Royer’s other objections

to the sentence because the district court must start from scratch at a new hearing.

CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED

FOR RESENTENCING.

1 Despite pleading guilty, Royer has good cause to appeal because he is
challenging his sentence. See State v. Damme, 944 N.W.2d 98, 105 (Iowa 2022)
(interpreting Iowa Code section 814.6(1)(a)(3)).