A Seymour man sentenced to five years in state prison has filed an appeal of that sentence to the Iowa Supreme Court.
Roger Allen McDaniel, 42, on Sept. 12 filed a notice of appeal of the judgment and sentence dated Aug. 13 in Appanoose County.
On Aug. 13 Judge Myron L. Gookin found McDaniel guilty of one count of lascivious acts with a child, a class D felony, and sentenced him to five years in prison, a 10 year special sentence where the defendant is under supervision as if on parole to begin following the prison term and register with the Iowa Sex Offender Registry. McDaniel voluntarily entered a plea of guilty to the lesser class D charge on April 23.
McDaniel was originally accused in Appanoose County of one count of second degree sexual abuse, a class B felony. The offense date for the charge is listed as on or about the year 2010 to the year 2011.
The criminal complaint affidavit filed March 7, 2012 by the Appanoose County Sheriff’s office, accuses McDaniel of more than one occasion of hand to skin and mouth to skin contact with the genitals of a minor under the age of 12 at his residence in Wayne County and in Marion County.
Class B felonies have the potential of at least 25 years in prison. Class D felonies are punishable by up to five years in prison.
McDaniel owes $659.16 for this case.