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:
Date Published:
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.
