State v. Buesing

The Supreme Court affirmed the judgment of the district court sentencing Defendant to prison for a maximum of ten years for theft in the first degree, to be served consecutively with five years for theft in the second degree, holding that Defendant failed to preserve his due process claim for direct appeal and that this Court could not reach Defendant’s ineffective assistance of counsel due process claim on direct appeal for the reasons stated in State v. Gordon, __ N.W.2d __ (Iowa 2018), also decided today.On appeal, Defendant argued that the district court violated his due process rights by using an Iowa Risk Revised assessment report (IRR) in sentencing. In the alternative, Defendant argued that the court abused its discretion by considering the IRR without understanding the contours of the IRR. Defendant further asserted an ineffective assistance of counsel claim. The Supreme Court affirmed for the reasons set forth in Gordon. View "State v. Buesing" on Justia Law