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Case No. 17-1847

State of Iowa
v.
Donovan Michael Lee Helms Houghmaster

Appellee

State of Iowa

Appellant

Donovan Michael Lee Helms Houghmaster

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1847
Date Published:
Mar 04, 2020
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. 

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