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Case No. 19-0277

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:
19-0277
Date Published:
Nov 06, 2019
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.

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