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Case No. 18-1876

State of Iowa
Justo Gonzalez


State of Iowa


Justo Gonzalez

Attorney for the Appellee

Bridget A. Chambers, Assistant Attorney General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 09, 2019

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  CONVICTION AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J. (3 pages)

            Justo Gonzales appealed his conviction, sentence, and Judgment following his guilty plea to Lascivious Acts with a child.  OPINION HOLDS: Because the recommendation of the department of correctional services is “pertinent information” for a court to consider when sentencing a defendant, the district court did not improperly consider the detailed sentencing recommendations of the presentence investigator preparer.  Also, because the sentencing order does not comply with statutory procedures outlined in State v. Albright, 925 N.W.2d 144, 159 (Iowa 2019), we vacate that part of the sentence and remand for the district court to impose restitution consistent with the Albright directives.

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