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Case No. 18-1373

State of Iowa
Traci Jones Barker


State of Iowa


Traci Jones Barker

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2020

            Appeal from the Iowa District Court for Louisa County, Wyatt Peterson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Greer, J. (8 pages)

            Traci Barker appeals the sentence and restitution order entered after her guilty plea to one count of theft in the second degree.  Barker raises three claims on appeal: (1) the presentence investigation report improperly included a sentencing recommendation; (2) the district court erred by considering improper factors when imposing the sentence; (3) and the court erred by ordering Barker to pay restitution for her court-appointed attorney, court costs, and jail fees without considering her reasonable ability to pay.  OPINION HOLDS: We reverse the restitution portion of the sentencing order but otherwise affirm Barker’s sentence.  We remand for entry of a final restitution order considering her reasonable ability to pay court costs and jail fees.

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