Popejoy v. State

The State of Iowa appeals the district court’s grant of Douglas Scott Popejoy’s application for postconviction relief, contending the court’s interpretation of the language and intent of Iowa Code section 709.8 (2001) was incorrect. We reverse.

Popejoy was sentenced on April 25, 2001, to an indeterminate prison term of no more than ten years for neglect of a dependent person, in violation of Iowa Code section 726.3, and two terms of no more than five years for lascivious acts with a child, in violation of section 709.8(1). The sentencing order did not make the sentences consecutive, so they…