State of Iowa
v.
Timothy Eric Smeltser
Appellee
State of Iowa
Appellant
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:
Summary
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.