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Case No. 18-1634

State of Iowa
v.
Damarcus B. Northern

Appellee

State of Iowa

Appellant

Damarcus B. Northern

Attorneys for Appellee

Zachary C. Miller, Assistant Attorney General

Attorneys for Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1634
Date Published:
May 15, 2019
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.

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