State v. Koenighain

HAYDEN, Judge.

Defendant appeals from the sentence imposed following his conviction for obtaining money by false pretenses in violation of Iowa Code section 713.1 (1977). He contends that under the 1977 code he could not be incarcerated and ordered to pay restitution. He also claims that his trial counsel rendered ineffective assistance by not requesting that defendant be sentenced under the present criminal code. The State agrees that defendant’s sentence is illegal and requests that we modify the sentence by voiding the restitution provision and affirming the incarceration. As for the…