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Case No. 17-1994

State of Iowa
Lang Donald Leonard


State of Iowa


Lang Donald Leonard

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Andrew J. Boettger

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 05, 2020

            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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