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Case No. 19-1124

State of Iowa
Toby Ryan Richards


State of Iowa


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:
Apr 01, 2020

            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.

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