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Case No. 19-0305

Brian McConnelee
v.
State of Iowa

Appellee

Brian McConnelee

Appellant

State of Iowa

Attorneys for Appellee

John J. Bishop

Attorneys for Appellant

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0305
Date Published:
Apr 29, 2020
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.

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