State of Iowa
v.
Eduard Nickolas Lester
Appellee
State of Iowa
Appellant
Eduard Nickolas Lester
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Martha J. Lucey and Brenda J. Gohr, Assistant Appellate Defenders
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Adria A.D. Kester, Judge. SENTENCES VACATED IN PART. REMANDED FOR RESENTENCING. Considered by Doyle, P.J., May, J., and Carr, S.J. Opinion by Carr, S.J. (7 pages)
Eduard Lester appeals his sentences for two counts of robbery in the second degree and two counts of burglary in the first degree. He appeals the provisions of his sentences that impose: fines for his robbery charges without suspending the fines, consecutive sentences, court costs and attorney fees, and law enforcement initiative surcharges. OPINION HOLDS: We find the court did not abuse its discretion in imposing the fines or in running his sentences consecutively. However, the court erred in imposing costs and fees without evaluating his reasonable ability to pay and in imposing law enforcement initiative surcharges for his robbery charges without statutory authorization. Therefore, we vacate his sentences in part and remand for resentencing.
