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Case No. 17-1718

State of Iowa
v.
Randall Brocksieck

Appellee

State of Iowa

Appellant

Randall Brocksieck

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1718
Date Published:
Jan 23, 2020
Summary

            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.

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