(Des Moines)– The Iowa Court of Appeals is refusing to overturn the conviction of a Spirit Lake man.
Kory Klaasen was convicted on May 29th, 1999 of involuntary manslaughter and neglect or abandonment of a dependent person. Prosecutors said his son, Kyler Klaasen, sustained massive brain damage in a couple of separate incidents while under the care of his father. Kory Klaasen was convicted of child endangerment and was sentenced to ten years in jail. Following the child’s death, Klaasen was charged with first degree murder. Under a plea bargain, Klaasen pled guilty to voluntary manslaughter and neglect or abandonment of a dependent child. He was sentenced to 10 years in prison on each count, to be served consecutively.
In his appeal, Klaasen claimed the district court should have merged a prior sentence of child endangerment with his sentence for neglect or abandonment of a dependent person. He also claimed his trial counsel was ineffective for failing to raise double jeopardy challenges.
In denying Klaasen’s appeal to merge the sentences, the Appeals Court says Klaasen failed to establish that his guilty plea was based upon the same act or acts charged in the earlier child endangerment case. In their ruling, the justices state that Klaasen engaged in a series of acts, any of which could be the basis for a child endangerment charge or a charge of neglect of a dependent person. The justices go on to say that because the offenses were not subject to being merged, that there is no merit in the claim of ineffective counsel.
