State of Iowa
v.
Randall James Maresch
Appellee
State of Iowa
Appellant
Randall James Maresch
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
Brenda J. Gohr, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
