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Case No. 18-0593

State of Iowa
v.
Tera M. Harris

Appellee

State of Iowa

Appellant

Tera M. Harris

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0593
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J. (3 pages)

            Tera Harris appeals her sentence.  She claims the district court improperly considered a sentence recommendation within the presentence investigation report (PSI).  And she argues the district court failed to make an ability-to-pay determination before ordering her to pay court costs.  OPINION HOLDS: We find the district court did not abuse its discretion by considering the PSI’s sentencing recommendation.  And we vacate the restitution portion of the sentencing order and remand.

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