State v. Kostman

The defendant, David Kostman, appeals from his conviction for lascivious acts with a child, as a sexual predator and an habitual offender, in violation of Iowa Code sections 709.8, 901A.2, and 902.8 (1997). 1 For the reasons that follow, we reject Kostman’s claims that there was insufficient evidence to support the conviction and the sentencing court erred in applying both the sexual predator and habitual offender enhancements. See Iowa Code §§ 901A.2(3), 902.9(2).

I. Background Facts and Proceedings.

In October 1996, the State charged Kost-man, then sixty-two years old, by trial information…