State of Iowa
v.
Randall Brocksieck
Appellee
State of Iowa
Appellant
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:
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.
