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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:
Date Published:
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.