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Case No. 18-0956

State of Iowa
James M. Bailey Jr.


State of Iowa


James M. Bailey Jr.

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Attorney for the Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 09, 2019

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J. (3 pages)

            James Bailey Jr. appeals the sentence imposed after he pled guilty to first-degree theft.  OPINION HOLDS: The sentencing recommendation in the presentence investigation report is not inherently improper for the court to consider, and Bailey failed to preserve error on any claim it was improper based on the facts of his case.  Because the record is insufficient to allow us to resolve his ineffective-assistance-of-counsel claims on direct appeal, we preserve them for postconviction-relief proceedings. 

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