MUSCATINE, Iowa — A former Muscatine man convicted in 2002 on three counts of second-degree sexual abuse has received a new sentence, but has already appealed it.
According to court documents, Paul Kyle Quigley, 32, formerly of Muscatine, was found guilty by trial of engaging in sexual acts with a male under the age of 12 when Quigley was 17 and 18 years old. He was sentenced to 25 years in prison on each count, to run concurrently.
Quigley has been denied two motions for a new trial. In 2013, Iowa Gov. Terry Branstad denied his request for commutation, or sentence reduction, and a letter to Branstad from the Iowa Board of Parole read that Quigley had received 33 major disciplinary offenses since being incarcerated in 2002.
In 2010, Quigley applied for and was denied post conviction relief, claiming the sentences were cruel and unusual, as Quigley was a juvenile during at least one of the incidents. Juvenile offenses are not subject to the same mandatory minimum time served before becoming eligible for parole.
However, he was successful in appealing his sentence to the Court of Appeals and his sentence was vacated and remanded back to district court for resentencing.
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On Feb. 27, Quigley was still given 25 years prison on each count, but with two of three eligible immediately for parole, while the third maintained a mandatory minimum time served before becoming eligible.
On March 30, Quigley filed an appeal through appellate court and has been appointed an attorney, although the reasons for the appeal were not included in court documents and a court date has not yet been set.
"I expected that he would appeal because the case involves the question of how a court is to apply recent Iowa Supreme Court decisions concerning mandatory minimum sentences for juveniles. The district court found that Quigley committed one of his offenses after he turned 18. That means the new supreme court cases don’t apply to the sentence for that count," County Attorney Alan Ostergren explained to the Journal.
Quigley will remain in prison while his case is heard.