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Case No. 18-1482

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

State of Iowa
v.
Alto Lee Patrick Jos Thomas III

Appellee

State of Iowa

Appellant

Alto Lee Patrick Jos Thomas III

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Mark C. Meyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1482
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Greer, JJ.  Opinion by Potterfield, J.  (4 pages)

            Alto Thomas appeals his sentence for failing to affix a drug tax stamp.  Thomas argues the sentencing court abused its discretion by improperly relying on a risk assessment tool when it considered the presentence investigation report recommended sentence, which included an assessment of Thomas under risk assessment tools.  Thomas further argues his trial counsel was ineffective for failing to object to the sentencing court’s consideration of the recommended sentence.  OPINION HOLDS: The sentencing court did not abuse its discretion by considering the recommendation.  We preserve Thomas’s ineffective assistance of counsel claim for posconviction-relief proceedings.  We affirm.

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