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Case No. 18-1089

State of Iowa
David Lee Levy Jr.


State of Iowa


David Lee Levy Jr.

Attorney for the Appellee

Martha J. Lucey, Assistant Attorney General

Attorney for the Appellant

Sharon K. Hall, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 07, 2019

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J. (4 pages)

            David Levy Jr. appeals the sentence imposed following his conviction of assault on a jailer causing bodily injury.  OPINION HOLDS: I. The district court did not abuse its discretion in ordering Levy’s sentence run consecutive to his sentence in another case.  II. In accordance with State v. Albright, 925 N.W.2d 144, 158-61 (Iowa 2019), we vacate the portion of the sentencing order assessing costs of the action, surcharges, and fees to Levy pending completion of a final restitution order and assessment of Levy’s reasonable ability to pay.  III. We also vacate the portion of the sentencing order requiring Levy to request a hearing on his reasonable ability to pay appellate attorney fees or be assessed the full amount and remand for entry of a corrected order.

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