Brian McConnelee
v.
State of Iowa
Appellee
Brian McConnelee
Appellant
State of Iowa
Attorney for the Appellee
John J. Bishop
Attorney for the Appellant
Timothy M. Hau, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, Andrea J. Dryer, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Tabor, P.J. (6 pages)
Brian McConnelee challenges his prison sentence for seven crimes, including five counts of drug possession and two counts of operating while intoxicated, following our earlier remand. On remand, the district court imposed a sentence of incarceration not to exceed seven years. McConnelee appeals that new sentence, alleging his attorney should have asked for an updated presentence investigation report. OPINION HOLDS: Because the record is not adequate to determine whether counsel made a tactical decision or if the absence of an updated report was prejudicial, we affirm the sentencing order but preserve the ineffective-assistance claim for potential postconviction-relief proceedings.
