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Case No. 19-0230

State of Iowa
Derek Thompson


State of Iowa


Derek Thompson

Attorneys for Appellee

Thomas J. Ogden, Assistant Attorney General

Attorneys for Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 09, 2020

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Doyle, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J. (4 pages)

            Derek Thompson appeals the sentences imposed upon his convictions of possession of a controlled substance with intent to deliver and failure to affix a drug-tax stamp.  He argues the court improperly ordered him to pay court costs on a dismissed count and a drug abuse resistance education surcharge without first determining his reasonable ability to pay the same.  He also argues the imposition of law enforcement initiative surcharges violates his right to equal protection under the state and federal constitutions.  OPINION HOLDS: We vacate the sentencing order’s assessment of court costs and remand the matter to the district court for the receipt of a final restitution plan and subsequent assessment of Thompson’s reasonable ability to pay.  We affirm the remainder of the sentence imposed.

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