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Case No. 18-0524

State of Iowa
Eduard Nickolas Lester


State of Iowa


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:
Jul 03, 2019

            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.

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