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Case No. 18-0186

State of Iowa
v.
Cheryl Wanchanic

Appellee

State of Iowa

Appellant

Cheryl Wanchanic

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0186
Date Published:
Mar 20, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  CONVICTION AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (6 pages)

            Cheryl Wanchanic appeals his conviction, following a jury trial, of first-degree robbery and the sentence imposed.  He contends his trial counsel was ineffective in failing to move for a mistrial.  He further challenges the district court’s order assessing appellate attorney fees against him unless he filed a request for a hearing on his reasonable ability to pay.  OPINION HOLDS: We affirm Wanchanic’s conviction but preserve his claim of ineffective assistance of counsel for possible postconviction-relief proceedings.  We affirm his sentence in part, but vacate the portion of the sentencing order requiring Wanchanic to affirmatively request a reasonable-ability-to-pay hearing.  We remand for the entry of a corrected sentencing order.

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