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Case No. 18-1472

State of Iowa
v.
Carl John Meyers, Jr.

Appellee

State of Iowa

Appellant

Carl John Meyers, Jr.

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Brenda J. Gohr, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1472
Date Published:
Jun 05, 2019
Summary

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Following a guilty plea, Carl Meyers Jr. appeals his sentence, arguing the district court erroneously “ordered [him] to pay court costs without any showing that he had the reasonable ability to repay those obligations.”  OPINION HOLDS: Applying State v. Albright, 925 N.W.2d 144, 160–62 (Iowa 2019), we vacate the sentencing court’s assessment of court costs against Meyers pending the completion of a final restitution order and a subsequent determination of Meyers’ reasonable ability to pay.

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