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Case No. 18-1296

State of Iowa
v.
Randall James Maresch

Appellee

State of Iowa

Appellant

Randall James Maresch

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Brenda J. Gohr, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1296
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Mark J. Eveloff, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Following a guilty plea, Randall Maresch appeals his sentence, arguing the district court erred in “assessing financial obligations to [him] without first making a constitutionally mandated determination of his reasonable ability to pay.”  OPINION HOLDS: Applying State v. Albright, 925 N.W.2d 144, 160–62 (Iowa 2019), we vacate that portion of the sentencing order imposing an obligation to immediately pay court costs and court-appointed attorney fees pending the completion of a final restitution order and a subsequent determination of Maresch’s reasonable ability to pay.

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