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Case No. 18-0376

State of Iowa
v.
Frankie Ray O'Connor

Appellee

State of Iowa

Appellant

Frankie Ray O'Connor

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0376
Date Published:
Jan 09, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (8 pages)

            Frankie O’Connor appeals his sentence following his guilty plea to one count of possession of more than five grams of methamphetamine with intent to deliver in violation of Iowa Code section 121.401(1)(b)(7) (2016).  On appeal, O’Connor argues the district court improperly considered risk assessment scores in the presentence investigation report because the scores not “validated” under Iowa Code Section 901.11(1) and reliance on unvalidated scores violated O’Connor’s rights under the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution and article I, section 9 of the Iowa Constitution.  He also argues his trial counsel was ineffective insofar as they failed to raise those challenges at trial, and that the district court erred by requiring him to pay the court costs associated with the counts dismissed by the State.  Finally, he filed a pro se brief which requests we reduce his mandatory minimum sentence.  OPINION HOLDS: O’Connor’s due process and ineffective assistance of counsel claims are not preserved for our review; he may bring those claims in an application for postconviction relief proceedings if he so desires.  The district court did not err by assessing court fees against him.  We cannot grant his requested sentence reduction. 

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