State of Iowa
v.
Dennis Earl Estabrook, Jr.
Appellee
State of Iowa
Appellant
Dennis Earl Estabrook, Jr.
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Brian S. Munnelly
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, John Telleen, Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ. Opinion by Schumacher, J. (5 pages)
A defendant appeals the portion of his sentence relating to his reasonable ability to pay category “B” restitution, arguing that the district court’s determination that he had the ability to pay this restitution lacked evidentiary support or that the district court misapplied the law. OPINION HOLDS: We conclude that the defendant failed to rebut the statutory presumption that he had the reasonable ability to make restitution payments for category “B” restitution. Accordingly, we affirm.
