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Case No. 18-1174

State of Iowa
v.
Alan Ray Cassias

Appellee

State of Iowa

Appellant

Alan Ray Cassias

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Attorneys for Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1174
Date Published:
Sep 25, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  CONVICTION AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND REMANDED.  Considered by Potterfield, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J. (7 pages)

            Alan Ray Cassias appeals his conviction and sentence for false imprisonment and sexual abuse in the third degree.  He argues the district court erred in admitting phone records and in stating he may be assessed appellate attorney fees unless he requests a hearing to determine his reasonable ability to pay.  OPINION HOLDS: We find the phone records were hearsay but their admission was cumulative and no prejudice resulted.  Therefore, we affirm his conviction.  However, the provision regarding appellate attorney fees is erroneous, and we vacate that provision and remand for entry of a corrected sentencing order.

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