State of Iowa
v.
Raymond Dean Perry
Appellee
State of Iowa
Appellant
Raymond Dean Perry
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Attorney for the Appellant
John J. Bishop
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR RESENTENCING. Considered by Bower, C.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (3 pages)
Perry claims the district court erred by ordering restitution without making a reasonable-ability-to-pay determination as to all potential restitution. OPINION HOLDS: Because the order clearly indicates the court made a reasonable-ability-to-pay determination as to attorney fees, we affirm the attorney fees portion of the restitution order. But the district court made no reasonable-ability-to-pay determination in regard to the court costs assessed in the restitution order. We therefore vacate the provision assessing Perry court costs and remand to the district court to make a reasonable-ability-to-pay determination consistent with State v. Albright, 925 N.W.2d 144, 159 (Iowa 2019).