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Case No. 19-0907

State of Iowa
v.
Gerardo Antonio Andrade Zepeda

Appellee

State of Iowa

Appellant

Gerardo Antonio Andrade Zepeda

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Attorneys for Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0907
Date Published:
Feb 05, 2020
Summary

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J. (4 pages)

            Gerardo Andrade Zepeda appeals the sentence imposed upon his conviction, following a guilty plea, of conspiracy to commit a forcible felony.  He argues the court’s imposition of surcharges was illegal, the restitution provision of the written sentencing order is inconsistent with the oral pronouncement of sentence and our supreme court’s ruling in State v. Albright, 925 N.W.2d 144 (2019), and the court considered improper factors in imposing sentence.  OPINION HOLDS: We vacate the challenged surcharge and restitution provisions and remand for the entry of a corrected sentencing order concerning said provisions, which shall be followed by appropriate procedures for the ordering of restitution.  Finding the complained-of sentencing considerations were fair game, we affirm the remainder of the sentence imposed.

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