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Case No. 21-0543

State of Iowa
v.
Eluber Leonel Rodriguez Garcia

Appellee

State of Iowa

Appellant

Eluber Leonel Rodriguez Garcia

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

John Audlehelm

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0543
Date Published:
Jun 15, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Cynthia Moisan, District Associate Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (5 pages)

            Elubur Rodriguez Garcia challenges the constitutionality of part of a recently enacted statute governing restitution and, in the alternative, argues the district court abused its discretion in ordering him to pay $150 in category “B” restitution.  OPINION HOLDS: We conclude Rogriguez Garcia has not sufficiently developed his separation-of-powers challenge for our review; we decline to consider the merits of the argument.  And because we are without anything to review and the district court is presumed to have properly exercised its discretion, we cannot give Rodriguez Garcia the relief he requests for the ordered restitution.  We affirm the district court’s determination Rodriguez Garcia has the reasonable ability to pay $150 of category “B” restitution.

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