State of Iowa
v.
Cameron D. Singleton
Appellee
State of Iowa
Appellant
Cameron D. Singleton
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, 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, REVERSED IN PART, AND REMANDED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (7 pages)
Cameron Singleton appeals from judgment and sentence imposed upon his convictions for first-degree burglary, stalking in violation of a protective order, and eluding. He contends his trial counsel was ineffective in failing to challenge the habitual offender stipulation colloquy; the court violated his due process rights and abused its discretion when it considered risk-assessment information contained in the presentence investigation report; and the court erred in stating he may be assessed attorney fees on appeal. OPINION HOLDS: Singleton’s claim of ineffective assistance of counsel fails for lack of prejudice. He did not raise the due process challenge below and we do not address it here. However, because the district court entered a restitution order without a finding of reasonable ability to pay, we reverse the part of the sentencing order regarding restitution and remand.
