State of Iowa
v.
Aviana Eshante Smith
Appellee
State of Iowa
Appellant
Aviana Eshante Smith
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Stephan J. Japuntich, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge. AFFIRMED IN PART AND REMANDED. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (10 pages)
Aviana Smith appeals her sentences following entrance of guilty pleas for possession of methamphetamine with intent to deliver; possession of marijuana with intent to deliver; and failure to affix a drug tax stamp. Smith also appeals her court-ordered restitution obligation. OPINION HOLDS: Because we find abuse of discretion, we affirm Smith’s sentence. We are precluded from hearing Smith’s appeal of the restitution order by Iowa Code section 910.2A (2021); Smith must follow the statutory procedure and exhausts her remedies before the district court. Thus, we remand to the district court with instructions to allow Smith to follow the procedures required by section 910.2A.
