State of Iowa
v.
Donovan Michael Lee Helms Houghmaster
Appellee
State of Iowa
Appellant
Donovan Michael Lee Helms Houghmaster
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Union County, Patrick W. Greenwood, Judge. AFFIRMED AND REMANDED. Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ. Opinion by Vaitheswaran, J. (7 pages)
Donovan Houghmaster appeals following his guilty pleas to theft of a motor vehicle, criminal mischief in the second degree, and lascivious acts with a child, contending the district court: (1) should not have relied on the risk assessment tools referenced in the presentence investigation (PSI) report; (2) improperly relied on the sentencing recommendation in the PSI report; (3) entered conflicting orders on reimbursement of attorney fees; and (4) erred in ordering him to make restitution of “all counseling required for the victim” rather than counseling associated with the crime. OPINION HOLDS: We affirm and remand for the district court to issue a nunc pro tunc order to remove the assessment of attorney’s fees inconsistent with the court’s oral pronouncement of Houghmaster’s sentence.
