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Case No. 18-1825

State of Iowa
Jesse Robert Comly III


State of Iowa


Jesse Robert Comly III

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 09, 2019

            Appeal from the Iowa District Court for Clarke County, Randy V. Hefner, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J. (4 pages)

            Jesse Comly appeals the sentences imposed after he pled guilty to lascivious acts with a child and dissemination and exhibition of obscene material to a minor.  OPINION HOLDS: Because the district court made no determination of Comly’s reasonable ability to pay, we vacate the court’s orders for restitution and remand the matter to the district court for receipt of a final restitution plan and a determination of Comly’s reasonable ability to pay.  We also vacate the $125 law-enforcement-initiative surcharge because it does not apply to the offenses to which Comly pled guilty, and we remand for entry of a corrected sentencing order.     

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