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Case No. 18-1548

State of Iowa
Deirdre Laine Witham


State of Iowa


Deirdre Laine Witham

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Denise M. Gonyea

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 18, 2019

            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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