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:
Date Published:
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.
