State of Iowa
v.
Jesse Robert Comly III
Appellee
State of Iowa
Appellant
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:
Summary
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.