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Case No. 21-1827

State of Iowa
v.
Nathan Ray Tesch

Appellee

State of Iowa

Appellant

Nathan Ray Tesch

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1827
Date Published:
Feb 08, 2023
Summary

            Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge.  CONVICTION AFFIRMED; WRIT ANNULLED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (15 pages)

            Nathan Tesch appeals his conviction for third-degree burglary and the category “B” restitution the district court ordered him to pay.  He challenges the sufficiency of the evidence supporting his conviction, argues the State committed a Brady violation that entitles him to a new trial, and claims the district court abused its discretion when it determined his reasonable ability to pay category “B” restitution.  OPINION HOLDS: Because substantial evidence supports Tesch’s conviction and the State did not commit a Brady violation, we affirm Tesch’s conviction.  We conclude Tesch does not have the right of appeal from the court’s January 31, 2022 restitution order, but we treat his appeal as a petition for writ of certiorari and grant the petition.  After reviewing the merits of his restitution claim, we cannot find the district court abused its discretion, so we annul the writ.

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