State of Iowa v. Sean David Gordon

WIGGINS, Justice.

*21 On appeal, for the first time, the defendant raised the issue that the court's use of risk assessment tools in sentencing the defendant violated his due process rights. The defendant also claimed the court used an unproven or unprosecuted offense when it sentenced him. We transferred the case to the court of appeals. The court of appeals reversed the defendant's sentence, finding no statutory authority for courts to utilize sex offender risk assessment tools in sentencing. The State asked for further review, which we granted. On further review, we find the defendant failed…