State of Iowa
v.
Mariana T. Lesnic
Appellee
State of Iowa
Appellant
Mariana T. Lesnic
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Iowa County, Andrew B. Chappell, Judge. CONVICTION AFFIRMED; SENTENCE VACATED IN PART, REVERSED IN PART, AND REMANDED. Heard by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Ahlers, J. (14 pages)
Mariana Lesnic appeals her conviction, sentence, and judgment following a jury trial and verdict. On appeal, Lesnic alleges the district court erred by (1) failing to suspend proceedings and order another competency evaluation under Iowa Code chapter 812 (2018); (2) concluding Lesnic was competent to represent herself; and (3) failing to determine Lesnic’s reasonable ability to pay restitution. OPINION HOLDS: The district court did not err by finding Lesnic was competent to stand trial or competent to represent herself. We vacate the part of the sentencing order dealing with restitution and remand the case to the trial court for completion of a final restitution order and a subsequent determination of Lesnic’s reasonable ability to pay.