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Case No. 18-1857

State of Iowa
v.
Mariana T. Lesnic

Appellee

State of Iowa

Appellant

Mariana T. Lesnic

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1857
Date Published:
Mar 04, 2020
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.

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