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Case No. 19-0226

State of Iowa
v.
Christina Bennett

Appellee

State of Iowa

Appellant

Christina Bennett

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0226
Date Published:
Apr 29, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber and Lawrence P. McLellan, Judges.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J. (9 pages)

            Christina Bennett appeals following her guilty plea to lottery ticket fraud, failure to appear, and driving without the owner’s consent, arguing (1) the prosecutor breached the plea agreement when he recommended incarceration rather than probation, and her attorney was ineffective in failing to challenge the breach; (2) the district court erred in ordering her to reimburse the sheriff for jail room-and-board expenses without determining her reasonable ability to pay those expenses; and (3) if the reimbursement order was a civil judgment rather than a criminal restitution order, the statute authorizing payment of the expenses without affording her the opportunity to be heard violated due process.  OPINION HOLDS: We affirm Bennett’s convictions.  We vacate her sentences and remand for resentencing before a different judge.

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