DES MOINES, Iowa – The Iowa Supreme Court has reversed an Appeals Court ruling on the sentence of a North Iowa sex offender.
Sean David Gordon, 27 of Charles City, was sentenced to 10 years in prison in March 2017 for 3rd degree sexual abuse. Authorities say he sexually assaulted a 14-year-old girl in June 2016 when Gordon was 24.
Gordon appealed his sentence, arguing the District Court judge improperly considered a sex offender evaluation which stated Gordon was at a high risk to reoffend and a Chickasaw County drug arrest that happened between his conviction and sentencing.
The Iowa Court of Appeals ruled there is no legislative authorization for judges to use sex offender risk assessments during sentencing and ordered Gordon be resentenced. The State of Iowa then appealed that ruling.
The state Supreme Court ruled Friday that Gordon had the opportunity to challenge the use of the sex offender risk assessment at his sentencing but failed to do so, making it reasonable for the judge to rely on it when making a decision. The Supreme Court also ruled that since Gordon admitted to the Chickasaw County drug crime as part of his sentencing, the judge was free to consider it.
Therefore, Gordon’s 10 year prison term is affirmed.