from the Iowa District Court for Boone County, Steven J.
appeals his convictions on two counts of possession of
methamphetamine with intent to deliver, second offense.
J. Boettger of Hastings, Gartin & Boettger, LLP, Ames,
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Forkner appeals his convictions on two counts of possession
of methamphetamine with intent to deliver, second offense. We
find Forkner failed to preserve error because he did not
object to the statement in the presentence investigation
report (PSI) concerning risk assessments at the time of the
sentencing hearing. We affirm his convictions.
Background Facts & Proceedings
November 27, 2017, Forkner pled guilty to possession of
methamphetamine with intent to deliver, second or subsequent
offense, in violation of Iowa Code section 124.401(1)(b)(7)
(2016), a class "B" felony. He also pled guilty to
possession of methamphetamine with intent to deliver, second
or subsequent offense, in violation of Iowa Code section
124.401(1)(c)(6) (2017), a class "C" felony.
to sentencing on the two offenses, a PSI report was prepared,
which stated, "Department risk assessments indicate the
defendant is at high risk to reoffend." Forkner filed a
sentencing memorandum, which challenged some statements in
the PSI but not the statement he had a high risk to reoffend.
The district court stated it would consider the PSI to be
amended by Forkner's comments in the sentencing
memorandum. After this, the court asked, "Can the court
rely on the contents of the PSI from the defendant's
perspective?" Defense counsel stated, "Yes, Your
Honor." The court stated it would consider the PSI as
district court then stated,
I frankly think in light of your criminal history that
you're at high risk to re-offend. That's-I don't
have any magic ball up here. So I don't know. I hope you
don't re-offend. But your history is that you re-offend.
Okay. The PSI author said you're at high risk to
court sentenced Forkner to a term of imprisonment not to
exceed seventy-five years on the first charge and thirty
years on the second charge, to be served concurrently. He now
appeals, claiming the court ...