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State of Iowa
v.
James M. Bailey Jr.
Appellee
State of Iowa
Appellant
James M. Bailey Jr.
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Martha J. Lucey, Assistant Appellate Defender
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 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.
