State of Iowa
v.
Damarcus B. Northern
Appellee
State of Iowa
Appellant
Damarcus B. Northern
Attorney for the Appellee
Zachary C. Miller, Assistant Attorney General
Attorney for the Appellant
Stephan J. Japuntich, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Nancy A. Baumgartner, Judge. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ. Opinion by Vaitheswaran, P.J. (3 pages)
Following a guilty plea, Damarcus Northern appeals his sentence, arguing the district court erroneously ordered him “to pay court costs while finding he had no ability to [pay] fines or pay attorney fees based upon his imminent incarceration.” 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 Northern pending the completion of a final restitution order and a subsequent determination of Northern’s reasonable ability to pay.
