State of Iowa
v.
Gregory John Schuldt
Appellee
State of Iowa
Appellant
Gregory John Schuldt
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Shellie L. Knipfer, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy and Randy V. Hefner, Judges. CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J. Opinion by Blane, S.J. (10 pages)
Gregory Schuldt appeals the denial of his motion to suppress in which he challenged the district court’s issuance of three separate search warrants sought by Newton police in their investigation of a drive-by shooting. Schuldt also contests the district court’s imposition of court costs without determining his reasonable ability to pay. OPINION HOLDS: Based upon our review, the district court had a substantial basis for concluding probable cause existed to issue the warrants. But the court failed to apply the statutory requirements for restitution. We affirm the convictions but reverse the sentence in part and remand for entry of a final restitution order.