State of Iowa
v.
Willie Clay Werner
Appellee
State of Iowa
Appellant
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:
Summary
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On appeal after resentencing, Willie Werner argues the resentencing court abused its discretion by (1) using an outdated presentence investigation report, (2) imposing consecutive sentences without stating adequate reasons on the record, and (3) ordering him to reimburse the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).