State of Iowa
v.
Jeremy James Davolt
Appellee
State of Iowa
Appellant
Jeremy James Davolt
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Lee (South) County, John M. Wright and Mary Ann Brown, Judges. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Bower, J. (4 pages)
Jeremy Davolt challenges the district court’s use of the sentencing recommendation of the department of corrections in the presentence investigation (PSI) report and the order to reimburse correctional fees when Davolt does not have a reasonable ability to pay the fees. OPINION HOLDS: We find the district court did not abuse its discretion in considering the PSI report recommendation during sentencing, and we vacate the restitution order and remand for a determination of Davolt’s reasonable ability to pay.
