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Case No. 17-1945

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Jacob Lawrence Hansen

Appellee

State of Iowa

Appellant

Jacob Lawrence Hansen

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1945
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J. (4 pages)

            Jacob Hansen appeals the sentences imposed on his convictions after pleading guilty to third-degree burglary and third-degree attempted burglary.  OPINION HOLDS: Hansen waived error on his claim that considering his risk assessment score in sentencing violated his due process rights.  Risk assessment scores and sentencing recommendations are not inherently improper considerations in sentencing.  Hansen may raise his claim that counsel was ineffective in failing to object to these considerations before sentencing in a postconviction-relief proceeding.  We vacate the court’s orders for restitution and remand the matter to the district court for receipt of a final restitution plan and a determination of Hansen’s reasonable ability to pay.

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