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Case No. 18-0882

State of Iowa
v.
Thomas Van Rawls Jr.

Appellee

State of Iowa

Appellant

Thomas Van Rawls Jr.

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0882
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, District Associate Judge.  SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vogel, C.J., Bower, J., and Scott, S.J.  Opinion by Scott, S.J. (5 pages)

            Thomas Rawls Jr. appeals the sentences imposed on his convictions of five criminal counts.  He argues the district court abused its discretion in ordering the prison sentences on all counts to be served consecutively and erred in ordering him to reimburse the State for court-appointed attorney fees as restitution without first properly determining his reasonable ability to pay the same.  OPINION HOLDS:  We find no abuse of discretion in the district court’s imposition of consecutive sentences.  We conclude the court erred in determining Rawls possessed the reasonable ability to pay court-appointed attorney fees as restitution because the amount for the same was not before the court.  We vacate the portions of the district court’s sentencing order concerning restitution and remand the case to the district court to order restitution consistent with the supreme court’s ruling in State v. Albright, ___ N.W.2d ___, 2019 WL 1302384 (Iowa 2019). 

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