Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-0490

State of Iowa
Anthony John McGilvrey


State of Iowa


Anthony John McGilvrey

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Jonathan M. Causey

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 29, 2020

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A man appeals convictions arising from his role as the driver in a hit-and-run.  OPINION HOLDS: We find the record insufficient to review the defendant’s ineffective-assistance-of-counsel claim, and we therefore reserve the claim for possible future postconviction relief proceedings.  However, we vacate the restitution portion of the sentences and remand for entry of a new restitution order in accordance with recent Iowa Supreme Court precedent. 

© 2024 Iowa Judicial Branch. All Rights Reserved.