CLEAR LAKE — A Clear Lake man who had his Alford plea in a sexual abuse case set aside by a district court judge has now been convicted of second-degree sexual abuse.
61-year-old Amando Montealvo was charged with two counts of second-degree sexual abuse after being accused of sexually abusing two girls under the age of 12 in Clear Lake 13 to 17 years ago. He was sentenced for up to 10 years in prison after entering an Alford plea to one count of lascivious acts with a child as part of a plea agreement with prosecutors.
Montealvo in January 2018 filed a petition in district court for post-conviction relief, claiming that his attorney failed to properly advise him of the consequences of the plea agreement would have on his immigration status. District Judge Rustin Davenport set aside Montealvo’s conviction but ruled the original charges should be reinstated. Montealvo then opted to take the case to trial rather than re-enter plea negotiations.
A Cerro Gordo County jury on Friday found Montealvo guilty of one count of second-degree sexual abuse but found him not guilty on the other charge. He faces up to 25 years in prison when sentenced on August 23rd.