Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1718

State of Iowa
Randall Brocksieck


State of Iowa


Randall Brocksieck

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Attorney for the Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2020

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Potterfield, S.J.  Opinion by Greer, J. (9 pages)


            Randall Brocksieck appeals the sentence and restitution order imposed following his guilty plea.  Brocksieck raises three claims on appeal: (1) the presentence investigation report improperly included a sentencing recommendation; (2) the district court erred by considering improper factors when imposing the five-year sentence; (3) and the court erred by ordering Brocksieck to pay court-appointed trial and appellate attorney fees.  OPINION HOLDS: The sentencing recommendation in the PSI did not constitute a procedural defect; the district court did not consider any improper factors; and there is not yet a final restitution order regarding attorney fees.  We affirm Brocksieck’s sentence but vacate the portion of the sentencing order referencing attorney fees and remand for entry of a final restitution order.

© 2024 Iowa Judicial Branch. All Rights Reserved.