State of Iowa
v.
Anthony John McGilvrey
Appellee
State of Iowa
Appellant
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:
Summary
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.
