State of Iowa
v.
Jacob Lawrence Hansen
Appellee
State of Iowa
Appellant
Jacob Lawrence Hansen
Attorney for the Appellee
Sharon K. Hall, 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 Marshall County, Kim M. Riley, District Associate Judge. SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Doyle, J. (4 pages)
Jacob Hansen appeals the sentences imposed on his convictions after pleading guilty to third-degree burglary and third-degree attempted burglary. OPINION HOLDS: Hansen waived error on his claim that considering his risk assessment score in sentencing violated his due process rights. Risk assessment scores and sentencing recommendations are not inherently improper considerations in sentencing. Hansen may raise his claim that counsel was ineffective in failing to object to these considerations before sentencing in a postconviction-relief proceeding. We vacate the court’s orders for restitution and remand the matter to the district court for receipt of a final restitution plan and a determination of Hansen’s reasonable ability to pay.
