State of Iowa
v.
Evan Blake Wooten
Appellee
State of Iowa
Appellant
Evan Blake Wooten
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (10 pages)
Evan Wooten appeals his sentences for attempt to disarm a peace officer of a dangerous weapon and assault on persons engaged in certain occupations. He requests resentencing alleging: (1) the district court erred in determining attempting to disarm a peace officer of a dangerous weapon is a forcible felony requiring imprisonment, (2) the department of correctional services was not statutorily authorized to include a sentencing recommendation in the presentence investigation report and Wooten’s counsel was ineffective in failing to object to the recommendation’s inclusion, and (3) the sentencing order contained an erroneous provision requiring Wooten to challenge his ability to pay certain restitution rather than requiring the court first make an ability-to-pay determination before imposing restitution. OPINION HOLDS: Any error relating to the court’s categorization of attempting to disarm a peace officer of a dangerous weapon as a forcible felony was harmless because the sentencing court stated it would impose the same sentence regardless of its determination that attempting to disarm a peace officer of a dangerous weapon amounts to a forcible felony. We preserve Wooten’s ineffective-assistance claim for further development in future postconviction-relief proceedings. Finally, we find the sentencing provision requiring Wooten to affirmatively challenge his ability to pay restitution was erroneously included and vacate that portion of the sentencing order.
