State of Iowa v. Mitch Buesing

Summary

The Iowa Supreme Court affirmed Mitch Buesing’s sentences for first- and second-degree theft. The court held that Buesing failed to preserve his due process challenge to the sentencing court’s consideration of the Iowa Risk Revised assessment and declined to address his related ineffective-assistance claim on direct appeal because the record was insufficient.

Holdings

1. A defendant may not raise a due process objection to the sentencing court's reliance on information in a presentence investigation report for the first time on direct appeal. Because Buesing affirmatively told the sentencing court it could rely on the presentence investigation report, he failed to preserve the claim.
2. The court could not reach Buesing's ineffective-assistance claim on direct appeal because the record was insufficient to decide it.

Questions Presented

1. Whether Buesing preserved a due process challenge to the district court's consideration of the Iowa Risk Revised assessment report at sentencing.
2. Whether the court could decide on direct appeal Buesing's claim that counsel was ineffective for failing to object to use of the assessment report.

Disposition

affirmed