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Case No. 18-1548

State of Iowa
v.
Deirdre Laine Witham

Appellee

State of Iowa

Appellant

Deirdre Laine Witham

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Attorneys for Appellant

Denise M. Gonyea

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1548
Date Published:
Dec 18, 2019
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  JUDGMENT OF CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (2 pages)

            Deirdre Laine Witham appeals her sentence following a guilty plea to operating a motor vehicle while intoxicated, third offense.  OPINION HOLDS: We vacate the restitution part of the sentencing order and remand the case to the district court to order restitution in a manner consistent with State v. Albright, 925 N.W.2d 144 (Iowa 2019).

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