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State of Iowa
v.
Jonathan Shane Weston
Jonathan Weston seeks further review after the court of appeals affirmed his conviction and sentence for domestic abuse assault causing bodily injury. Weston contends the district court: (1) failed to substantially comply with his right of allocution at sentencing, (2) erred in ordering him to pay court costs and attorney fees without first determining his reasonable ability to pay, and (3) entered an illegal sentence in taxing all court costs in the action to Weston when two of the counts were dismissed prior to trial.
Resister
State of Iowa
Applicant
Jonathan Shane Weston
Attorney for the Resister
Katie Krickbaum
Attorney for the Applicant
Vidhya K. Reddy
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 09, 2019 9:00 AM
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Supreme Court Opinion
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Court of Appeals
Court of Appeals Opinion
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Summary
Appeal from the Iowa District Court for Appanoose County, Randy S. DeGeest, Judge. AFFIRMED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Danilson, C.J. (5 pages)
Jonathan Weston appeals following conviction for domestic abuse assault causing bodily injury, in violation of Iowa Code sections 708.1 and 708.2A(2)(b) (2017). His challenges are to the sentencing procedure and the sentence imposed. OPINION HOLDS: Because Weston was allowed his right to allocution and his restitution claim is premature, we affirm.