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Case No. 19-0573

State of Iowa
v.
Larry Lavell Wiggins

Appellee

State of Iowa

Appellant

Larry Lavell Wiggins

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye and Stephan J. Japuntich, Assistant Appellate Defenders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0573
Date Published:
May 13, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  CONVICTIONS AFFIRMED, SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J. (15 pages)

            A jury found Larry Wiggins guilty of four drug-related charges.  He alleges the State did not present substantial evidence to support the verdicts.  He also contends his trial attorney was ineffective for not objecting to testimony from an expert witness.  Finally, Wiggins challenges the sentencing order.  OPINION HOLDS: Because the State offered substantial evidence to support Wiggins’s convictions, we decline to disturb the jury’s verdicts.  Next, Wiggins did not prove he received ineffective assistance.  Last, because the district court did not have the total calculation of the restitution available when making its reasonable-ability-to-pay determination, we vacate that part of the sentence and remand for resentencing.  Also, we find no equal-protection violation in the court’s imposition of the law enforcement initiate surcharge.

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