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Case No. 17-1994

State of Iowa
v.
Lang Donald Leonard

Appellee

State of Iowa

Appellant

Lang Donald Leonard

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Andrew J. Boettger

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1994
Date Published:
Feb 05, 2020
Summary

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (5 pages)

            A defendant appeals the order of restitution entered in sentencing.  He argues the district court erred in ordering certain items of restitution without first having the amounts before it and determining his reasonable ability to pay said amounts.  OPINION HOLDS: Because no award of reasonable-ability-to-pay items, pursuant to Iowa Code section 910.2 (2017), may be ordered until the amounts are before the court and the court has made a reasonable-ability-to-pay determination, we vacate the restitution part of the sentence and remand for proceedings consistent with the supreme court’s recent decision in State v. Albright, 925 N.W.2d 144, 158 (Iowa 2019). 

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