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Case No. 22-1713

State of Iowa
Dennis Earl Estabrook, Jr.



State of Iowa


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:
Sep 13, 2023

            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.

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