Opinion
No. 6-098 / 05-0677
Filed March 1, 2006
Appeal from the Iowa District Court for Pottawattamie County, Timothy O'Grady, Judge.
Defendant seeks re-sentencing, arguing the presentence investigation report contained information about another person with a similar name. AFFIRMED.
Ryan M. Sewell, Council Bluffs, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Matthew D. Wilber, County Attorney, and Jeffrey Tekippe, Assistant County Attorney, for appellee.
Considered by Huitink, P.J., and Vaitheswaran and Eisenhauer, JJ.
Darrell Eugene Humphrey seeks re-sentencing in this matter, asserting the district court relied on improper matter contained in the pre-sentence investigation (PSI) report. Specifically, he asserts the PSI report named "Darrell Earl Humphrey" as the defendant, and the appellant asserts this is a different person. After our review for the correction of errors at law, see Iowa R. App. P. 6.4, we affirm the judgment of the district court.
Although there may be other persons by these names in Iowa, the record reflects the individual named in the PSI report is the same person as the defendant. The PSI report lists Darrell Eugene Humphrey as an alias for Darrell Earl Humphrey. Additionally, the pre-trial release evaluation prepared in this matter shows that Darrell Eugene Humphrey has the same social security number and date of birth as the Darrell Earl Humphrey described in the PSI report. Finally, both Darrell Eugene Humphrey (as described in the pre-trial release evaluation) and Darrell Earl Humphrey (as described in the PSI report) were incarcerated in Nebraska in April 1989 after convictions for multiple counts of robbery and weapons offenses.
After considering these factors and the balance of the record made in the district court, we are satisfied that Darrell Earl Humphrey and Darrell Eugene Humphrey are one in the same. Thus, we conclude the district court did not rely on improper matters in sentencing.