Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1328

State of Iowa
Bryan Giovanni Bejarano Moreno


State of Iowa


Bryan Giovanni Bejarano Moreno

Attorney for the Appellee

Richard Bennett, Assistant Attorney General

Attorney for the Appellant

Martha J. Lucey, State Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 19, 2020

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling and Patrick A. McElyea, Judges.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J. (9 pages)

            Bryan Bejarano Moreno appeals his following his conviction and sentence for first-degree burglary.  He claims counsel was ineffective and the district court erred in awarding restitution without determining his ability to pay and requiring him to request an ability-to-pay hearing with respect to his appellate attorney fees.  OPINION HOLDS: Counsel was not ineffective.  The district court erred in ordering category-two restitution without making an ability-to-pay determination.  The district court erred in including language in the sentencing order that requires a defendant request an ability-to-pay hearing with respect to appellate attorney fees.

© 2023 Iowa Judicial Branch. All Rights Reserved.