State of Iowa
v.
Toby Ryan Richards
Appellee
State of Iowa
Appellant
Toby Ryan Richards
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Sharon D. Hallstoos
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Mullins, J. (5 pages)
Toby Richards appeals the sentences imposed following convictions of domestic abuse assault, third or subsequent offense, and domestic abuse assault by strangulation. He argues the sentencing court improperly used a previously prepared presentence investigation report (PSI) and alternatively argues his counsel was ineffective in failing to object to use of the PSI. He also argues the court erred in ordering the sentences imposed run consecutively to sentences resulting from prior domestic-abuse convictions. OPINION HOLDS: Our review of the record reveals the court did not rely on information in the PSI that did not result in conviction in imposing the sentence. The court’s colloquy shows the court considered the appropriate factors. Richards cannot show prejudice, so his ineffective-assistance claim fails.