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State of Iowa
v.
Nathan D. Jacobson
Appellee
State of Iowa
Appellant
Nathan D. Jacobson
Attorney for the Appellee
Sharon K. Hall, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge. CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Tabor, P.J. (8 pages)
The defendant appeals his sentence for child endangerment causing bodily injury following his plea of guilty. OPINION HOLDS: The district court did not abuse its discretion in considering the risk assessment tools as contained within the presentence investigation report. The defendant failed to preserve error on his due process and abuse-of-discretion claims, and the record is insufficient to reach these due process and abuse-of-discretion claims on direct appeal within the ineffective-assistance of counsel framework. In addition, because sentencing courts are not required to expressly consider mitigating features of youth factors “on the record”, the district court did not abuse its discretion in sentencing. Also, because Jacobson’s written sentencing order does not comply with the statutory procedures outlined in State v. Albright, 925 N.W.2d 144, 158 (Iowa 2019), we vacate that part of the sentence and remand for the district court to impose restitution consistent with the Albright directives.
