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Case No. 18-0998

State of Iowa
Timothy Eric Smeltser


State of Iowa


Timothy Eric Smeltser

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Martha J. Lucey, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 15, 2019

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright and Mary Ann Brown, Judges.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (4 pages)

            Following a guilty plea, Timothy Smeltser appeals his sentence, arguing (1) “the district court erred in ordering [him] to reimburse the State for court costs and correctional fees without first considering his reasonable ability to pay such restitution” and (2) “the sentencing court abused its discretion” in considering facts that were “unsupported by the record.”  OPINION HOLDS: We affirm all portions of the sentencing and post-sentencing orders except that portion of the sentencing order imposing correctional fees and court costs.  Applying State v. Albright, 925 N.W.2d 144, 161 (Iowa 2019), we vacate those portions of the orders and remand for receipt of the final restitution plan and consideration of Smeltser’s reasonable ability to pay.

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