State of Iowa
v.
Gerardo Antonio Andrade Zepeda
Appellee
State of Iowa
Appellant
Gerardo Antonio Andrade Zepeda
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
