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Case No. 19-1705

State of Iowa
Raymond Dean Perry


State of Iowa


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:
Mar 17, 2021

            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). 

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