Waverly man resentenced for child sex crime in Floyd County

By Bob Steenson, bsteenson@charlescitypress.com

A Waverly man who pleaded guilty to lascivious acts with a child has been sentenced for the second time in Floyd County District Court for that crime, after the first sentence was overturned by the Iowa Court of Appeals.

The case was sent back to the district court because, the appeals court ruled, the county prosecutor had failed to “advocate adequately” for the sentencing recommendation that had been part of the agreement that led to the guilty plea.

Michael Douglas Ahrenholz, now age 45, had been charged with second-degree sexual abuse, a Class B felony; lascivious acts with a child, a Class C felony; and indecent exposure, a serious misdemeanor; for acts that allegedly occurred in 2019.

Ahrenholz pleaded guilty in June 2021 to the charge of lascivious acts with a child, in a plea agreement where the Floyd County Attorney’s Office would drop the sexual abuse and indecent exposure charges and recommend a fully suspended prison sentence.

During the sentencing hearing in August 2021, Assistant County Attorney Randall Tilton said, in part, “The state’s recommendation is for a term not to exceed 10 years in prison, with that prison term being suspended; that the defendant be placed upon probation for a period of three to five years to the Department of Correctional Services; that he be required to pay the $300 probation enrollment fee; that a fine in the amount of $1375 plus the 15 percent surcharge be fully suspended.”

Ahrenholz’s attorney strongly urged the judge to suspend the prison sentence, and a pre-sentencing investigation (PSI) by the Iowa Department of Corrections had also recommended a suspended sentence.

But in that plea agreement, Ahrenholz acknowledged that, “The undersigned has further been advised by his counsel that any recommendation of the prosecuting attorney and his attorney are not binding upon the court; that sentencing is solely within the discretion of the judge entering the sentence; and he may be sentenced up to the maximum provided by law.”

District Court Judge DeDra Schroeder, in sentencing Ahrenholz, said, “I look at your attitude, the statements you have to make, and everything I learn about you through these proceedings and through the Presentence Investigation Report. I look at the nature of the offense that’s in front of me. And I look at my obligation to deter others from committing these type of offenses.”

She then sentenced Ahrenholz to up to 10 years in prison, not suspended, and other provisions.

Ahrenholz appealed the sentence, and the Iowa Court of Appeals ruled that, based on Iowa case law, including a similar previous case involving the Floyd County Attorney’s Office and the same judge, the Iowa Supreme Court had required that “the prosecutor must do more than simply recite the agreed recommended sentence.”

The guilty plea was confirmed, but the case was sent back to Floyd County District Court for resentencing “by a different judge.”

On Monday, District Court Judge Rustin Davenport sentenced Ahrenholz to up to 10 years in prison, suspended; Iowa’s special sentence for sexual crimes which places him under the supervision of the Iowa Department of Corrections for life; $1,370 fine and 15% surcharge, suspended; five years probation; registration on the Iowa Sex Offender Registry; and he continued a no-contact order between Ahrenholz and the victim.