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Case No. 18-1781

State of Iowa
Nicole Elizabeth Zimmerman


State of Iowa


Nicole Elizabeth Zimmerman

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 05, 2020

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J. (11 pages)

            Defendant appeals convictions for theft, identity theft, and forgery.  OPINION HOLDS: We reject defendant’s ineffective-assistance-of-counsel claims because a factual basis existed for the forgery conviction. We find the trial court did not abuse its discretion in sentencing the defendant to a term of incarceration. We vacate those portions of the sentencing orders pertaining to restitution and remand for a new restitution calculation.

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