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Case No. 18-0956

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

State of Iowa
v.
James M. Bailey Jr.

Appellee

State of Iowa

Appellant

James M. Bailey Jr.

Attorneys for Appellee

Darrel Mullins, Assistant Attorney General

Attorneys for Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0956
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J. (3 pages)

            James Bailey Jr. appeals the sentence imposed after he pled guilty to first-degree theft.  OPINION HOLDS: The sentencing recommendation in the presentence investigation report is not inherently improper for the court to consider, and Bailey failed to preserve error on any claim it was improper based on the facts of his case.  Because the record is insufficient to allow us to resolve his ineffective-assistance-of-counsel claims on direct appeal, we preserve them for postconviction-relief proceedings. 

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