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Case No. 18-1069

State of Iowa
Willie Clay Werner


State of Iowa


Willie Clay Werner

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Attorney for the Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 07, 2019

            Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Doyle and May, JJ.   Opinion by Potterfield, P.J. (6 pages)


            On appeal after resentencing, Willie Werner argues the resentencing court abused its discretion by (1) using an outdated presentence investigation report, (2) imposing consecutive sentences without stating adequate reasons on the record, and (3) ordering him to reimburse the state for attorney fees without determining the amount of restitution or his ability to pay.  OPINION HOLDS: We affirm the district court’s decision to impose a sixty-year term of incarceration; however, we reverse the part of the sentence regarding restitution and remand the case for resentencing consistent with this opinion and State v. Albright, 925 N.W.2d 144, 159 (Iowa 2019).

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