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Case No. 17-1842

State of Iowa
v.
Jamodd Sallis

Appellee

State of Iowa

Appellant

Jamodd Sallis

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Brenda J. Gohr, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1842
Date Published:
Jan 23, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  CONVICTION CONDITIONALLY AFFIRMED; RULING ON MOTION VACATED; REMANDED WITH DIRECTIONS.  Considered by Vogel, C.J., Tabor, J., and Danilson, S.J.  Opinion by Tabor, J.  Partial Dissent by Danilson, S.J.  (12 pages)

            Jamodd Sallis appeals his convictions and sentences following trial and jury verdict finding him guilty of possession of a firearm by a felon, being habitual offender, and carrying weapons.  He contends the trial court applied the wrong standard in ruling on his motion for a new trial.  He also contends there was insufficient evidence to prove he possessed a firearm.  Lastly, Sallis raises several issues related to the determination of his reasonable ability to pay restitution.  OPINION HOLDS: We affirm the jury verdicts on the sufficiency of the evidence.  But we reverse the district court’s judgment on the new-trial motion and its determination Sallis had the reasonable ability to pay restitution.  We remand for two actions: (1) a corrected sentencing order removing the reference to Sallis’s ability to pay and (2) application of the weight-of-the-evidence standard on Sallis’s motion for new trial.  PARTIAL DISSENT ASSERTS: I agree with the majority in all respects except the adequacy of the district court’s ruling on the motion for new trial.  I believe the district court applied the proper standard, and I would affirm the convictions but remand with directions to correct the sentencing order.

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