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Case No. 19-0464

State of Iowa
Gary Lee Manning


State of Iowa


Gary Lee Manning

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 05, 2020

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J. (6 pages)

            Gary Manning appeals the sentences imposed after pleading guilty to three counts of third-degree burglary.  OPINION HOLDS: I. The district court did not consider an improper factor in sentencing Manning by noting that his “entire family” was involved in a criminal enterprise.  The presentence investigation report noted that Manning’s wife and two sons were also charged for their involvement in the burglaries, and Manning did not object to that portion of the report.  And nothing in the record suggests the court believed that any other family members were involved.  II. Because the plea agreement is silent regarding victim restitution for the dismissed charges, the district court erred in assessing Manning victim restitution for those charges.

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